### for small and medium enterprises , this regulation does not create disproportionate administrative burden or economic impact . under this regulation , based on consultation with stakeholders , the special situation of small and medium enterprises has been taken into account where possible . a potential universal exemption for micro - enterprises , which make up the majority of companies , has not been considered , in view of the public policy objective to protect plant health . ### for small and medium enterprises , this regulation does not create disproportionate administrative burden or economic impact . under this regulation , based on consultation with stakeholders , the special situation of small and medium enterprises has been taken into account where possible . a potential universal exemption for micro - enterprises , which make up the majority of companies , has not been considered , in view of the public policy objective to protect plant health . a universal exemption for micro - enterprises with strictly local trade must however be considered in order to ensure proportionate application .


### for small and medium enterprises , this regulation does not create disproportionate administrative burden or economic impact . under this regulation , based on consultation with stakeholders , the special situation of small and medium enterprises has been taken into account where possible . a potential universal exemption for micro - enterprises , which make up the majority of companies , has not been considered , in view of the public policy objective to protect plant health . ### for small and medium enterprises , this regulation should not create disproportionate administrative burden or economic impact . under this regulation , based on consultation with stakeholders , the special situation of small and medium enterprises has been taken into account where possible . a potential universal exemption for micro - enterprises , which make up the majority of companies , has not been considered , in view of the public policy objective to protect plant health .


### introduction into , and movement within , and out of the union territory ; ### introduction into , and movement within , and out of the union territory where activities could give rise to a phytosanitary risk ;


### the competent authority shall , where appropriate , ensure that the professional operator concerned recalls from the market the plants , plant products and other objects in which the pest may be present and , where the plants , plant products and other objects may have reached the final user , to recall them from those final users . ### the competent authority shall , where appropriate , ensure that the professional operator concerned recalls from the market the plants , plant products and other objects in which the pest may be present and , where the plants , plant products and other objects may have reached the final user , to recall them from those final users or take other measures to ensure that the pest cannot spread further .


### competent authorities shall annually carry out a survey of each restricted area as regards the development of the presence of the pest concerned . ### competent authorities shall , on a risk basis and with appropriate frequency , carry out a survey of each restricted area as regards the development of the presence of the pest concerned .


### where as a result of an annual survey a competent authority finds a presence of the pest concerned in the buffer zone , the member state concerned shall immediately notify that presence to the commission and the other member states specifying that the pest was found present in a buffer zone . ### where as a result of the survey a competent authority finds a presence of the pest concerned in the buffer zone , the member state concerned shall immediately notify that presence to the commission and the other member states specifying that the pest was found present in a buffer zone .


### each member state shall draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' . ### each member state shall ensure that , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a plan is available containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' .


### being addressed to member states , this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account . there is , however , a need to clarify to what extent this directive should be applied to procurement governed by specific international rules . ### being addressed to member states , this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account . there is , however , a need to clarify to what extent this directive should be applied to procurement governed by specific international rules . the european institutions should , in particular , take into account the changes effected by this directive and adjust their own procurement rules accordingly to reflect these changes .


### having due regard to articles 93 , 107 and 108 of the treaty , member states may also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments . ### without prejudice to the charging framework of articles 31 and 32 , and having due regard to articles 93 , 107 and 108 of the treaty , member states shall provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments .


### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 .


### the commission and representatives of the regulatory bodies , which co - operate according to article 57 , shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed . in the case of it - based allocation systems , the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of article 56 . ### the commission and representatives of the regulatory bodies , which co - operate according to article 57 , shall be informed of common principles and practices for the allocation of infrastructure are developed . in the case of it - based allocation systems , the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of article 56 .


### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe4 which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage with speeds of at least 30 mbps for all europeans by 2020 , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation . ### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe4 which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage . providing the highest possible broadband speeds and capacity , ensuring not less than 30 mbps for all by 2020 with at least half of european households having broadband access at a speed of at least 100 mbps , is important for fostering economic growth and global competitiveness , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation . at the same time terrestrial broadcasting remains the largest and most preferred tv distribution platform , both for commercial and public service free - to - air tv , and in many countries , is complemented by strong pay tv offerings . for this reason the commission and member states should take into account the unique technological , economic and societal benefits of terrestrial broadcasting when formulating the rspp . terrestrial broadcasting underpins media plurality and is a force for public good . it is currently the main guarantor of universal access to television , at a minimal cost , across europe . it is universally available to european consumers across the eu and is the consumers ' choice . demand for linear tv is growing and not decreasing . viewing habits for many european citizens have not changed and the overwhelming majority of viewing remains via linear television . moreover in recent years , consumers have invested significantly into digital terrestrial tv equipment .


### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . ### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , a pan - european level playing field , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . member states may also take steps to achieve more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics .


### since a common approach and economies of scale are key to developing broadband communications throughout the union and preventing competition distortion and market fragmentation among member states , certain authorisation and procedural conditions could be defined in concerted action among member states and with the commission . conditions could include coverage obligations , spectrum block size , the timing of granting rights , access to mobile virtual network operators and the duration of rights of use . reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services , these conditions should apply to spectrum bands that are allocated to wireless communications , and for which rights of use may be transferred or leased . ### since a common approach and economies of scale are key to developing broadband communications throughout the union and preventing competition distortion and market fragmentation among member states , certain authorisation and procedural conditions could be defined in concerted action among member states and with the commission . conditions could include coverage obligations , spectrum block size , the timing of granting rights , access to mobile virtual network operators and the duration of rights of use . reflecting the importance of spectrum trading for increasing efficient use of spectrum , facilitating the emergence of new pan - european operators and developing the internal market for wireless equipment and services , these conditions should apply to spectrum bands that are allocated to wireless communications , and for which rights of use may be transferred or leased .


### this regulation applies to the processing of personal data of data subjects residing in the union by a controller not established in the union , where the processing activities are related to : ### this regulation applies as far as legally possible and is compatible with the legal system of a third country , the processing of personal data of data subjects residing in the union by a controller not established in the union , where the processing activities are related to :


### processed lawfully , fairly and in a transparent manner in relation to the data subject ; ### processed lawfully , proportionate and transparent manner in relation to the data subject ;


### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; ### collected for specified , clear and legitimate purposes and not further processed in a way incompatible with those purposes ;


### processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent ; or ### processing is necessary to protect the interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent ; or


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


### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . ### the information and the actions taken on requests referred to in paragraph 1 shall be either free of charge or at a maximum , sufficient to cover the administrative costs of handling , particularly with regard to repeat or bulk requests . where requests are manifestly excessive , in particular with the aim of causing disruption , inconvenience or financial burden due to their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request .


### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject . ### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject , in so far as it does not breach the intellectual property rights or legitimate private trade practices of the data controller .


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


### in the situation referred to in article 3 , the controller shall designate a representative in the union . ### in the situation referred to in article 3 , the controller shall designate a representative in the union to act as a facilitator between the data subject , the data protection supervisor and the third country data controller .


### the members and the staff of the supervisory authority shall be subject , both during and after their term of office , to a duty of professional secrecy with regard to any confidential information which has come to their knowledge in the course of the performance of their official duties . ### the members and the staff of the supervisory authority shall be subject , both during and after their term of office , to a duty of professional secrecy with regard to any confidential information which has come to their knowledge in the course of the performance of their official duties , whilst conducting their duties with independence and transparency as set out in the regulation .


### where requests are manifestly excessive , in particular due to their repetitive character , the supervisory authority may charge a fee or not take the action requested by the data subject . the supervisory authority shall bear the burden of proving the manifestly excessive character of the request . ### where requests are manifestly excessive , in particular due to their repetitive character , the supervisory authority may charge a fee or not take the action requested by the data subject . the supervisory authority shall , if requested , prove the manifestly excessive character of the request .


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


### expenditure incurred for the collection of biological , technical , environmental and socio - economic data in relation to commercial and recreational fisheries , including sampling , at - sea - monitoring and research surveys , and the collection of socio - economic data in the aquaculture and processing industry , as laid down in the multi - annual community programme ; ### expenditure incurred for the collection of biological , technical , environmental and socio - economic data in relation to industrial , small - scale and recreational fisheries , including sampling , at - sea - monitoring and research surveys , and the collection of socio - economic data in the aquaculture and processing industry , as laid down in the multi - annual community programme ;


### having regard to the treaty on the functioning of the european union , and in particular articles 46 , 53 , 62 and 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 46 , 53 , 62 , 114 and 168 thereof ,


### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a european professional card . in particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein . ### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a european professional card . in particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein . underlines that the practice of recognising a professional qualification under the card is an exclusive competence of the host member state .


### “remunerated traineeship” : the pursuit of supervised and remunerated activities , with a view to access to a regulated profession granted on the basis of an examination ; ### “remunerated traineeship” : the pursuit of supervised and remunerated activities , to access a regulated profession pursuant to legislative , regulatory or administrative provisions in a member state ;


### member states shall ensure that the holder of a european professional card benefits from all the rights conferred by articles 4b to 4e , upon validation of the card by the competent authority of the relevant member state as provided for in paragraphs 3 and 4 of this article . ### member states shall ensure that the holder of a european professional card benefits from all the rights conferred by articles 4b to 4e , subject to validation of the card by the competent authority of the host member state as provided for in paragraphs 3 and 4 of this article .


### where the holder of a qualification intends to provide services under title ii other than those covered by article 7 , the european professional card shall be created and validated by the competent authority of the home member state in accordance with articles 4b and 4c . ### where the holder of a qualification intends to provide services under title ii other than those covered by article 7 and health professionals benefiting from automatic recognition under directive 2005 / 36 / ec the european professional card shall be created and validated issued by the competent authority of the home member state in accordance with articles 4b and 4c .


### the commission shall adopt implementing acts specifying european professional cards for specific professions , establishing the format of the european professional card , the translations necessary to support any application for issuing a european professional card and details for the assessment of applications , taking into account the particularities of each profession concerned . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### following the completion of a pilot project for the particular profession , the european professional cards shall be available for professions covered by implementing acts adopted by the commission in accordance with the examination procedure referred to in article 58 .


### european professional card for the temporary provision of services other than those covered by article 7 ### european professional card for the temporary provision of services other than those covered by article 7 and for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec .


### if a holder of a european professional card wishes to provide services in member states other than those initially informed pursuant to paragraph 1 or wishes to continue providing services beyond the period of two years referred to in paragraph 1 , he may continue to use the european professional card referred to in paragraph 1 . in those cases the holder of the european professional card shall make the declaration provided in article 7 . ### if a holder of a european professional card wishes to provide services in member states other than those initially informed pursuant to paragraph 1 or wishes to continue providing services beyond the period of two years referred to in paragraph 1 , he may continue to use the european professional card referred to in paragraph 1 . the competent authority of the home member state shall transmit the updated european professional card to the host member states concerned . in those cases the holder of the european professional card shall make the declaration provided in article 7 .


### the european professional card shall be valid for as long as its holder maintains the right to practice in the home member state on the basis of the documents and information contained in the imi file . ### the european professional card shall be valid for as long as its holder maintains the right to practice in the home member state on the basis of the documents and information contained in the imi file or unless the holder has been prohibited from practising in any member state .


### european professional card for establishment and for the temporary provision of services under article 7 ### european professional card for establishment and for the temporary provision of services under article 7 and for the temporary provision of services by health professionals benefiting from automatic recognition under title iii chapter iii


### member states shall provide that employers , customers , patients and other interested parties may verify the authenticity and validity of a european professional card presented to them by the card holder without prejudice to paragraphs 2 and 3 . ### host member states shall provide that employers , customers , patients and other interested parties may verify the authenticity and validity of a european professional card presented to them by the card holder without prejudice to paragraphs 2 and 3 .


### in the case of evidence of formal qualifications referred to in article 21 and in the case of certificates of acquired rights referred to in articles 23 , 26 , 27 , 30 , 33 , 33a , 37 , 39 , and 43 , evidence attesting knowledge of the language of the host member state ### for professions with patient safety implications , in the case of evidence of formal qualifications referred to in article 21 and in the case of certificates of acquired rights referred to in articles 23 , 26 , 27 , 30 , 33 , 33a , 37 , 39 , and 43 , evidence attesting knowledge of the official language or one of the official languages of the host member state


### for the purposes of point of the first paragraph , as from [ insert date - the day after the date set out in first subparagraph of paragraph 1 of article 3 ] and every five years thereafter , the competent authorities in member states shall submit publicly available reports to the commission and to the other member states on their continuing education and training procedures related to doctors of medicine , medical specialists , nurses responsible for general care , dental practitioners , specialised dental practitioners , veterinary surgeons , midwives and pharmacists . ### for the purposes of point of the first paragraph , as from [ insert date - the day after the date set out in first subparagraph of paragraph 1 of article 3 ] and every five years thereafter , the competent authorities in member states shall submit publicly available reports to the commission and to the other member states on their continuing education and training procedures related to doctors of medicine , medical specialists , nurses responsible for general care , dental practitioners , specialised dental practitioners , veterinary surgeons , midwives and pharmacists . member states must have a system in place to ensure health professionals regularly update their competencies through continuing professional development .


### member states may lay down in their national legislations partial exemptions from parts of the specialist medical training , if that part of the training has been followed already during the completion of another specialist training programme which is listed in point 5 . 1 . 3 of annex v and provided that the former specialist qualification has already been obtained by the professional in that member state . member states shall ensure that the granted exemption is not more than one - third of the minimum duration of specialist medical training courses as referred to in point 5 . 1 . 3 of annex v . ### member states may lay down in their national legislations partial exemptions from parts of the specialist medical training , to be applied on a case - by - case basis , if that part of the training has been followed already during the completion of another specialist training programme which is listed in point 5 . 1 . 3 of annex v and provided that the former specialist qualification has already been obtained by the professional in that member state . member states shall ensure that the granted exemption is not more than one - third of the minimum duration of specialist medical training courses as referred to in point 5 . 1 . 3 of annex v .


### a member state shall ensure that any controls of the knowledge of a language are carried out by a competent authority after the decisions referred to in articles 4d , 7 and 51 have been taken and if there is a serious and concrete doubt about the professional ' s sufficient language knowledge in respect of the professional activities this person intends to pursue . ### a member state shall ensure that any controls of the knowledge of a language are carried out by a competent authority after the decisions referred to in articles 4d , 7 and 51 have been taken and if there is a serious and concrete doubt about the professional ' s sufficient language knowledge in respect of the professional activities this person intends to pursue . language verification undertaken by the competent authority shall not prevent an employer from carrying out additional checks , as appropriate .


### recognition of remunerated traineeship ### recognition of mandatory supervised traineeship


### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been prohibited by national authorities or courts from pursuing , even temporarily , on the territory of that member state the following professional activities : ### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been prohibited or restricted by national authorities or courts from pursuing , even temporarily , on the territory of that member state the following professional activities :


### the information referred to in the first subparagraph shall be sent at the latest within three days from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity . ### the information referred to in the first subparagraph shall be sent at the latest within three days from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity via the internal market information system .


### the commission shall adopt implementing acts for the application of the alert mechanism . the implementing act shall include provisions on the competent authorities entitled to sending and / or receiving alerts , on complementing the alerts with additional information , on the withdrawal and closure of alerts , on rights of access to data , ways of correcting the information contained in the alerts , and measures to ensure the security of processing and retention periods . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### the commission shall adopt implementing acts for the application of the alert mechanism . the implementing act shall include provisions on the competent authorities entitled to sending and / or receiving alerts , on complementing the alerts with additional information , on the withdrawal and closure of alerts , on rights of access to data , ways of correcting the information contained in the alerts , and measures to ensure the security of processing and retention periods . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting management organisations , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting management organisations of multi - territorial collective licensing of authors ' online rights in musical works , thereby enhancing consumer choice and advancing towards completion of the digital single market . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting management organisation to request another collecting management organisation to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy .


### ‘ management fees’ means the amount charged by a collecting society in order to cover the costs of its management of copyright or related rights services ; ### ‘ management fees’ means the amount deducted by a collective management organisation from the rights revenues in order to cover the costs of management of copyright or related rights ;


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders may authorise a collecting management organisation of their choice to manage the rights , or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting management organisation or the rightholder . a collecting management organisation may refuse to accept a mandate from a rightholder where the collecting management organisation does not manage the rights covered by the mandate .


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


### the collecting society shall manage and keep separate the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities . ### the collecting management organisation shall manage and keep separate accounting for costs and income related on the one hand from the rights revenue and on the other hand from any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities .


### member states shall ensure that collecting societies make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights , membership terms , the collection of amounts due to rightholders , deductions and distributions . ### member states shall ensure that collecting management organisations make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights , membership terms , the collection of amounts due to rightholders , deductions and distributions . the procedures for dealing with complaints and for resolving disputes shall be independent .


### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this regulation . ### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls and product destruction . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this regulation .


### ' making available on the market ' means any supply of a product for distribution , consumption or use on the union market in the course of a commercial activity , whether in return for payment or free of charge ; ### ' making available on the market ' means any supply of a product for distribution , consumption or use on the union or online market in the course of a commercial activity , whether in return for payment or free of charge ;


### before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 4 and that the manufacturer has complied with the requirements set out in article 8 , and . ### before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 4 , that the manufacturer has complied with the requirements set out in article 8 and that the supporting technical documentation shows the product to be compliant in respect of the possible risks related to it .


### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it . furthermore importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### importers shall keep , for a period of ten years after the product has been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request . ### importers shall keep , for a period of ten years after the product has been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request , as well as any economic operator to whom he distributes his products , with evidence supporting the existence of essential differences between its models .


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


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


### tracing of beef to source via identification and registration is a prerequisite for origin labelling throughout the food chain ensuring consumer protection and public health . ### tracing of beef to source via identification and registration is a prerequisite for origin labelling throughout the food chain . these measures ensure consumer protection and public health and promote consumer confidence .


### electronic identification systems based on radio frequency identification have considerably improved in the last ten years . that technology allows a faster and more accurate reading of individual animal identity codes directly into data processing systems resulting on a reduction of time needed to trace potential infected animals or infected food , saving labour costs but at the same time increasing equipment costs . ### although electronic identification systems based on radio frequency identification have improved in the last ten years , experience of implementing mandatory electronic identification for small ruminants demonstrates that due to faulty technology and practical difficulties it is frequently impossible to achieve 100% accuracy .


### making eid mandatory throughout the union may have economically adverse effects on certain operators . it is therefore appropriate that a voluntary regime for the introduction of eid is established . under such a regime , eid would be chosen by keepers that are likely to have immediate economic benefits . ### making eid mandatory throughout the union could have economically adverse effects on certain operators . it is therefore appropriate that a voluntary regime for the introduction of eid is established . a voluntary regime would allow eid to be chosen only by operators that were likely to experience immediate and significant economic benefits .


### 60 days for the second means of identification . ### 60 days for the second means of identification , for reasons related to the physiological development of the animals .


### the maximum period referred to in point shall not exceed 20 days from the date of arrival of the animals on the holding of destination . in any event , the means of identification shall be applied to the animals before they leave the holding of destination . ### the maximum period referred to in point shall not exceed 20 days from the date of arrival of the animals on the holding of destination . for reasons related to the physiological development of the animals , that period may be extended to up to 60 days for the second means of identification . in any event , the means of identification shall be applied to the animals before they leave the holding of destination .


### the commission shall , by means of implementing acts , lay down the necessary rules , including transitional measures required for their introduction , concerning the procedures for the application of the sanctions referred to in the second subparagraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 23 . ### the commission shall be empowered to adopt delegated acts , in accordance with article 22b , laying down the necessary rules , including transitional measures required for their introduction , concerning the procedures for the application of the sanctions referred to in the second subparagraph .


### ' the commission shall , by means of implementing acts , lay down the necessary rules , including transitional measures required for their introduction , concerning the procedures and conditions for the application of the sanctions referred to in the second subparagraph . ' ### ' the commission shall be empowered to adopt delegated acts in accordance with article 22b concerning the necessary rules , including transitional measures required for their introduction , concerning the procedures and conditions for the application of the sanctions referred to in the second subparagraph . '


### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in articles 4 and 4a , and in articles 5 , 7 , 10 , 14 and 19 and in article 22 shall be conferred on the commission for an indeterminate period of time from* . 3 . the delegation of power referred to in articles 4 and 4a , and in articles 5 , 7 , 10 , 14 and 19 and in article 22 may be revoked at any time by the european parliament or by the council . a decision of revocation 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 . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 4 and 4a , and articles 5 , 7 , 10 , 14 , and 19 and in article 22 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ' ________________ * [ *date of entry into force of this regulation or from any other date set by the legislator ] ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the power to adopt delegated acts referred to in articles 4 and 4a , in articles 5 , 7 , 10 , 14 and 19 and in article 22 , third subparagraph , and shall be conferred on the commission for an indeterminate period of time from* 3 . the delegation of power referred to in articles 4 and 4a , in articles 5 , 7 , 10 , 14 and 19 and in article 22 , third subparagraph , and 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 . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 4 and 4a , in articles 5 , 7 , 10 , 14 , and 19 and in article 22 , third subparagraph , and 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 . _____________ * oj please insert the date of entry into force of this regulation .


### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . ### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib financing operations should be results - oriented and include seed - capital for smes . the eib should also cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations . by promoting investment projects in the field of renewable energy and better energy efficiency , the eib shall contribute to a sustainable energy mix with a gradual phasing - out of its financing operations in fossil fuels .


### the level of exposure to electromagnetic fields can be more effectively reduced by incorporating preventive measures into the design of workstations and by selecting work equipment , procedures and methods so as to give priority to reducing the risks at source . provisions relating to work equipment and methods thus contribute to the protection of the workers involved . there is however a need to avoid the duplication of assessments , where work equipment meets the requirements of eu product legislation that establishes more severe safety levels than those provided for by this directive and especially directive 1999 / 5 / ec and 2006 / 95 / ec . this allows for simplified assessment in a large group of cases . ### the level of exposure to electromagnetic fields can be more effectively reduced by incorporating preventive measures into the design of workstations and by selecting work equipment , procedures and methods so as to give priority to reducing the risks at source . provisions relating to work equipment and methods thus contribute to the protection of the workers involved . the protection of doctors , researchers , health care workers and patients must be maintained through appropriate health and safety training and supervision , as well as by applying infringement sanctions on employers who fail to comply with directive 2004 / 40 / ec . there is however a need to avoid the duplication of assessments , where work equipment meets the requirements of eu product legislation that establishes more severe safety levels than those provided for by this directive and especially directive 1999 / 5 / ec and 2006 / 95 / ec . this allows for simplified assessment in a large group of cases .


### employers should make adjustments in the light of technical progress and scientific knowledge regarding the risks related to exposure to electromagnetic fields , with a view to improving the safety and health protection of workers . ### employers should make adjustments in the light of technical progress and scientific knowledge regarding the risks related to exposure to electromagnetic fields , with a view to improving the safety and health protection of workers . member states are advised to encourage employers compliance of the 2004 / 40 / ec directive through strict controls and sanctions .


### health surveillance ### post - incident provisions


### with the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields , appropriate health surveillance shall be carried out in accordance with article 14 of directive 89 / 391 / eec . ### with the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields , appropriate post - incident actions shall be carried out in accordance with article 14 of directive 89 / 391 / eec .


### the employer shall take appropriate measures to ensure that the doctor and / or the medical authority responsible for health surveillance have access to the results of the risk assessment referred to in article 4 . ### the employer shall take appropriate measures to ensure that the doctor and / or the medical authority responsible for post - incident provisions have access to the results of the risk assessment referred to in article 4 .


### where non - annex i goods are exported , the agricultural products listed in points , , , and of article 133 to regulation no &#8230 ; / &#8230 ; [ com 626 final ] which have been used in the manufacturing of those non - annex i goods shall qualify for export refunds as set out in annex ii to this regulation . article 133 and of regulation no &#8230 ; / &#8230 ; [ com 626 final ] shall apply . ### where non - annex i goods are exported and the conditions for measures to be taken under the first paragraph of article 154 of regulation no . . . . [ com626 final ] are met , the agricultural products listed in points , , , and of article 133 to regulation no . . . / . . . [ com 626 final ] which have been used in the manufacturing of those non - annex i goods shall qualify for export refunds as set out in annex ii to this regulation . article 133 and of regulation no . . . / . . . [ com 626 final ] shall apply .


### proposal for a regulation of the european parliament and of the council on safety of offshore oil and gas prospection , exploration and production activities ### proposal for a directive of the european parliament and of the council on safety of offshore oil and gas prospection , exploration and production activities


### ' acceptable ' shall mean : rendering a risk of a major accident tolerable to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time , resources or cost ; ### ' tolerable ' means where a risk of a major accident is reduced to the furthest extent beyond which the input of time , resources or cost required to further minimise the risk would be grossly disproportionate to the risk ;


### offshore oil and gas activities covered by this regulation shall be performed on the basis of a systematic assessment of the likelihood of hazardous events and their consequences , and the implementation of control measures so that the risks of major accidents to people , the environment , and offshore assets are acceptable . ### operators shall ensure that offshore oil and gas operations covered by this directive are performed on the basis of a systematic and regularly updated risk assessment and the implementation of control measures so that the residual risks of major accidents are tolerable .


### major hazard report for a production installation ### report on major hazards for a production installation


### where a member state considers that a well operation or the operation of an installation may have significant negative effects on waters of another member state in the case of an accident , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward to the affected member state the relevant information and shall endeavour to adopt joint preventive measures to prevent damages . ### where a member state considers that a major accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant effects on the environment in another member state , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward the relevant information to the other member state pursuant to the relevant provisions of union law , in particular council directive 85 / 337 / eec .


### the policy and safety management systems shall be prepared in accordance with the requirements set out in annex iv and shall make clear the operator ' s primary responsibility for control of major hazard risks , which are a result of its activities . ### the major accident prevention policy and the safety management systems shall be prepared in accordance with the requirements set out in annex iv and shall make clear the operator ' s primary responsibility for the control of major hazard risks , relating to the offshore oil and gas operations .


### the policy and safety management systems shall be prepared in accordance with the requirements set out in annex iv and shall make clear the operator ' s primary responsibility for control of major hazard risks , which are a result of its activities . ### the policy and safety management systems shall be prepared in accordance with the minimum requirements set out in annex iv and shall make clear the operator ' s primary responsibility for control of major hazard risks , which are a result of its activities .


### the competent authority shall make suitable arrangements to ensure its independence from conflicts of interest between regulation of safety and environmental protection , and functions relating to economic development of the member state , in particular licensing of offshore oil and gas activities , and policy for and collection of related revenues . ### member states with offshore oil and gas activities under their jurisdiction shall make suitable arrangements to ensure the independence of the competent authorities from conflicts of interest between regulation of safety and environmental protection , and functions relating to economic development of the member state , in particular licensing of offshore oil and gas activities , and policy for and collection of related revenues . competent authorities shall , in particular , be functionally independent from those parts of the member states responsible for the granting of authorisations pursuant to directive 94 / 22 / ec , and the setting of policy for , and collection of , related revenues .


### the competent authority shall develop annual plans for effective oversight , including inspections , of major hazard activities based on risk and paying particular regard to , and verifying , compliance with the documents submitted to it pursuant to article 9 , and shall monitor its effectiveness and shall take any necessary measures to effect improvements thereto . ### competent authorities shall develop annual plans for effective oversight , including inspections , of major hazard activities based on risk and paying particular regard to compliance with the reports on major hazards , internal emergency response plans and well operations notifications submitted pursuant to article 9 .


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


### a summary of the investigation report prepared pursuant to paragraph 2 of this article shall be made available to the commission at the conclusion of the investigation or at the conclusion of legal proceedings , whichever is the later . a specific version of the report , that takes into account possible legal limitations , shall be made available publicly with regard to articles 22 and 23 . ### a summary of the investigation report and the assessment report prepared pursuant to paragraph 2 of this article shall be made available to the commission at the conclusion of the investigation or at the conclusion of legal proceedings , whichever is the later . subject to possible legal limitations , a separate report shall be made available publicly , containing the information pursuant to annex vi . environmental information included in the report shall be in accordance with article 7 of directive 2003 / 4 / ec .


### following its investigations pursuant to paragraph 2 , the competent authority shall implement any recommendations of the investigation that are within its powers to act . ### following the investigations pursuant to paragraph 2 , the competent authority shall implement any recommendations of the investigation that are within its powers to act .


### pursuant to paragraph 2 , or for the purposes of public participation pursuant to article 5 , the operator shall supply to the competent authority , and make available to the public , a version of the document that excludes confidential information . ### pursuant to paragraph 2 , or for the purposes of public participation pursuant to article 5 , the operator shall submit to the competent authority , and make available to the public , a version of the requested document that excludes confidential information .


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


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


### external emergency response plans shall be prepared with the cooperation of relevant operators and , as appropriate , licensees , and aligned with the internal emergency response plans of the installations stationed or planned in the subject area . any update to the internal plans advised by an operator should be taken into account . ### external emergency response plans shall be prepared with the cooperation of relevant operators and , as appropriate , licensees , and aligned with current internal emergency response plans of the existing or planned installations stationed or connected infrastructure in the subject area . any update to the internal plans advised by an operator should be taken into account .


### member states shall take all suitable measures to achieve a high level of compatibility and interoperability of response equipment and expertise between all member states in a geographical region , and further afield where appropriate . member states shall encourage industry to develop compatible response instruments in the spirit of this paragraph . ### member states with offshore oil and gas activities under their jurisdiction shall take all suitable measures to achieve a high level of compatibility and interoperability of response equipment and expertise between all member states in a geographical region , and further afield where appropriate . member states concerned shall encourage industry to develop compatible response equipment and services in the spirit of this paragraph .


### member states shall keep updated records of emergency response resources available in their territory or jurisdiction by both public and private entities . those records shall be made available to the other member states and , on a reciprocal basis , with neighbouring third countries , and to the commission . ### member states shall keep updated records of emergency response resources available in their territory or jurisdiction by both public and private entities . those records shall be made available on request to the other member states , to the commission , and , on a reciprocal basis , with neighbouring third countries .


### the operator shall immediately notify the relevant authorities of a major accident or of a situation with immediate risk of major accident . where necessary , relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident . ### the operator shall immediately notify the relevant authorities of a major accident or of a situation with immediate risk of a major accident . where necessary , relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident . the notification shall include the circumstances of the accident and its foreseen consequences .


### in the event of an accident , the relevant authorities , in cooperation with operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences . ### in the event of a major accident , the operator , in cooperation with operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences . the operator may be assisted by the relevant authorities who may supply additional resources .


### where transboundary effects of offshore oil and gas accidents are foreseeable , member states shall make information available to the commission and potentially affected member states or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency plan . the member states in question shall coordinate their emergency plans to facilitate joint response to an accident . ### where transboundary effects of offshore oil and gas accidents are foreseeable , the member states concerned shall make information available to the commission and potentially affected member states or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency response plan . the member states in question shall coordinate their emergency response plans to facilitate joint response to an accident . where transboundary effects of onshore oil and gas accidents are foreseeable and present risks for third countries , member states shall make information available to the commission and , on a reciprocity basis , to the third countries .


### where transboundary effects of offshore oil and gas accidents are foreseeable , member states shall make information available to the commission and potentially affected member states or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency plan . the member states in question shall coordinate their emergency plans to facilitate joint response to an accident . ### where transboundary effects of offshore oil and gas accidents are foreseeable , the member states concerned shall exchange information with potentially affected member states or neighbouring third countries when preparing the external emergency response plans and agree arrangements to coordinate the implementation of these plans to facilitate a joint response to an accident .


### member states shall coordinate measures related to areas beyond the boundaries of the union in order to prevent potential negative affects of offshore oil and gas operations . ### member states concerned shall coordinate measures related to areas beyond the boundaries of the union in order to prevent potential negative affects of offshore oil and gas operations .


### member states shall regularly test their preparedness to respond effectively to accidents in cooperation with potentially affected member states , relevant eu agencies or third countries . the commission may contribute to exercises focused on the test of cross - border and union emergency mechanisms . ### member states concerned shall regularly test their preparedness to respond effectively to accidents in cooperation with other potentially affected member states , relevant eu agencies or neighbouring third countries . the commission may contribute to exercises focused on the test of cross - border and union emergency mechanisms .


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


### demonstration that all the major hazards have been identified , their likelihood and consequences assessed , and that their control measures are suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable extent ; ### demonstration that all the major hazards have been identified , their likelihood and consequences assessed , and that their control measures including safety critical elements are and will continue to be suitable so as to reduce risks of a major hazard event to persons and the environment to a tolerable level ;


### operators shall ensure that hazardous substances are at all times contained within the pipelines , vessels and systems intended for their safe confinement . in addition , operators shall ensure that no single failure of a barrier to loss of containment can lead to a major hazard incident . ### operators shall ensure that hazardous substances are at all times contained within the pipelines , vessels and systems intended for their safe confinement . in addition , operators shall ensure that no single failure of a containment barrier can lead to a major hazard incident .


### this regulation aims to lay down harmonised rules for the approval of l - category vehicles , with a view to ensuring the functioning of the internal market . l - category vehicles are two - , three - or four - wheel vehicles such as powered two - wheel vehicles , tricycles , on - road quads and mini - cars . in addition , the objectives are to simplify the current legal framework , to contribute to a lower , more proportionate share in overall road transport emissions , to increase the overall level of safety , to adapt to technical progress and to strengthen the rules on market surveillance . ### this regulation aims to lay down harmonised rules for the approval of l - category vehicles , with a view to ensuring the functioning of the internal market . l - category vehicles are two - , three - or four - wheel vehicles such as powered two - wheel vehicles , tricycles , on - road quads , all - terrain vehicles and mini - cars . in addition , the objectives are to simplify the current legal framework , to contribute to a lower , more proportionate share in overall road transport emissions , to increase the overall level of safety , to adapt to technical progress and to strengthen the rules on market surveillance .


### the commission should be empowered to adopt delegated acts in accordance with article 290 tfeu in respect of functional safety and environmental performance , testing , access to repair and maintenance information and appointment of technical services and their specific authorised tasks , in order to supplement or amend certain non - essential elements of legislative acts through provisions of general application . such empowerment should not allow for amendment of the enforcement dates set out in annex iv or emission limit values set out in annex vi . amendments to those dates or values should be established by the ordinary legislative procedure set out in article 114 tfeu . ### the commission should be empowered to adopt delegated acts in accordance with article 290 tfeu in respect of functional safety and environmental performance , testing , access to repair and maintenance information and appointment of technical services and their specific authorised tasks , in order to supplement or amend certain non - essential elements of legislative acts through provisions of general application . such empowerment should not allow for amendment of the enforcement dates set out in annex iv or emission limit values set out in annex vi or the enhanced functional safety requirements set out in annex viii . amendments to those dates , general requirements or values should be established by the ordinary legislative procedure set out in article 114 tfeu .


### vehicles primarily intended for off - road use and designed to travel on unpaved surfaces ; ### vehicles primarily intended for off - road use and designed to travel on unpaved surfaces with the exception of vehicles for special use as defined in article 4 and annex i ;


### l - category vehicles comprise powered two - , three - and four - wheel vehicles as categorised in the following paragraphs and annex i , including powered cycles , two - and three - wheel mopeds , two - and three - wheel motorcycles , motorcycles with side - cars , light and heavy on - road quads , and light and heavy mini - cars . ### l - category vehicles comprise powered two - , three - and four - wheel vehicles as categorised in the following paragraphs and annex i , including powered cycles , two - and three - wheel mopeds , two - and three - wheel motorcycles , motorcycles with side - cars , light and heavy on - road quads , atvs and light and heavy mini - cars .


### four years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . ### four years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae , l7ae and l7ce shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems .


### following confirmation in a decision adopted by the commission in accordance with article 21 , eight years after the date referred to in the second subparagraph of article 82 , all new vehicles in categories l1be , l3e , l5e , l6ae and l7ae shall in addition also be equipped with the second stage of an on - board diagnostic system which , in addition to obd i , monitors not only complete failures but also deterioration of systems , components or separate technical units during vehicle life under the condition that its cost - effectiveness is proven in the environmental effect study referred to in article 21 and . ### following confirmation in a decision adopted by the commission in accordance with article 21 , eight years after the date referred to in the second subparagraph of article 82 , all new vehicles in categories l1be , l3e , l5e , l6ae , l7ae and l7ce shall in addition also be equipped with the second stage of an on - board diagnostic system which , in addition to obd i , monitors not only complete failures but also deterioration of systems , components or separate technical units during vehicle life under the condition that its cost - effectiveness is proven in the environmental effect study referred to in article 21 and .


### maximum design speed ≤ 25 km / h and ### maximum design speed ≤ 45 km / h and


### enduro motorcycle ### minimum seat height of 900 mm ;


### l7ae ### l7ae and l7ce


### l5be l5be l7ce ### commercial tricycle commercial tricycle


### l7ce ### - all - terrain vehicle


### ' specific emissions of co2 ' means the emissions of a light commercial vehicle measured in accordance with regulation no 715 / 2007 and specified as the co2 mass emission in the certificate of conformity ; ### ' specific emissions of co2 ' means the emissions of a light commercial vehicle measured in accordance with regulation no 715 / 2007 and specified as the co2 mass emission in the certificate of conformity of the complete or completed vehicle ;


### - 2 , 5 light commercial vehicles in 2014 , - 1 , 5 light commercial vehicles in 2015 , - 1 light commercial vehicle from 2016 . ### - 3 , 5 light commercial vehicles in 2017 , - 1 , 5 light commercial vehicles in 2018 , - 1 light commercial vehicle from 2019 .


### an application for a derogation from the specific emissions target calculated in accordance with annex i may be made by a manufacturer of fewer than 22 000 new light commercial vehicles registered in the community per calendar year and : ### an application for a derogation from the specific emissions target calculated in accordance with annex i may be made by a manufacturer of fewer than 25 000 new light commercial vehicles registered in the community per calendar year and :


### a specific emissions target consistent with its reduction potential , including the economic and technological potential to reduce its specific emissions of co2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured . ### a specific emissions target consistent with its reduction potential and the industry average , including the economic and technological potential to reduce its specific emissions of co2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured


### the commission shall by 31 december 2012 , adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in article 13 . those detailed provisions shall be based on the following criteria for innovative technologies : ### the commission shall by 31 december 2015 , adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in article 13 . those detailed provisions shall be based on the following criteria for innovative technologies :


### in carrying out their duties under this regulation , neither esma nor any other public authorities of a member state shall interfere with the content of credit ratings or methodologies . ### in carrying out their duties under this regulation , the european supervisory authority , the commission and any other public authorities of a member state shall not interfere with the content of credit ratings or methodologies .


### all competences and duties related to the supervisory and enforcement activity in the field of credit rating agencies , which were conferred to the competent authorities of the member states , whether acting as competent authorities of the home member state or not , and their colleges where those have been established , shall be terminated on [ one month after the entry into force of this regulation ] . ### all competences and duties related to the supervisory and enforcement activity in the field of credit rating agencies , which were conferred to the competent authorities of the member states , whether acting as competent authorities of the home member state or not , and their colleges where those have been established , shall lapse on . . . * . * oj please insert date : six months after the entry into force of this regulation .


### any files and working documents related to the supervisory and enforcement activity in the field of credit rating agencies , including any on - going examinations and enforcement actions shall be taken over by esma on … [ one month after the entry into force of this regulation ] . ### any files and working documents related to the supervisory and enforcement activity in the field of credit rating agencies , including any on - going examinations and enforcement actions shall be taken over by the european supervisory authority on …* . * oj please insert date : six months after the entry into force of this regulation .


### esma shall act as the legal successor of competent authorities and colleges referred to in paragraph 1 in any administrative or judicial proceedings that result from supervisory and enforcement activity pursued under this regulation prior to [ one month after the entry into force of this regulation ] . ### the european supervisory authority shall act as the legal successor of competent authorities and colleges referred to in paragraph 1 in any administrative or judicial proceedings that result from supervisory and enforcement activity pursued under this regulation prior to . . . * . * oj please insert date : six months after the entry into force of this regulation .


### where judicial review of a decision , which was taken by a competent authority referred to in paragraph 1 under this regulation , is on - going on [ one month after the entry into force of this regulation ] , the case shall be transferred to the general court , unless the judgement of the court reviewing that decision in the member state is to be rendered within two months after [ one month after the entry into force of this regulation . ] . ### where judicial review of a decision , which was taken by a competent authority referred to in paragraph 1 under this regulation , is on - going on . . . * , the case shall be transferred to the general court , unless the judgement of the court reviewing that decision in the member state is to be rendered by . . . * . * oj please insert date : six months after the entry into force of this regulation . ** oj please insert date : nine months after the entry into force of this regulation .


### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph . ### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against risks associated with the relevant member state or the union or with risks associated with property or securities located in or issued by entities in the relevant jurisdiction held in the portfolio of the natural or legal person . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph .


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


### the union is committed to implement the resolutions adopted by the general assembly of the united nations , in particular resolutions 61 / 105 and 64 / 72 , which call on states and regional fisheries management organisations to ensure the protection of vulnerable deep - sea marine ecosystems from the destructive impact of bottom fishing gears , as well as the sustainable exploitation of deep - sea fish stocks . ### the union is committed to implement the resolutions adopted by the general assembly of the united nations , in particular resolutions 61 / 105 and 64 / 72 , which call on states and regional fisheries management organisations to ensure the protection of vulnerable deep - sea marine ecosystems from the destructive impact of bottom fishing gears , as well as the sustainable exploitation of deep - sea fish stocks . furthermore the union should act as a leader in the establishment and implementation of good governance measures for the sustainable management of deep - sea fisheries within international fora in line with the unga and fao resolutions adopted in this regulation .