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


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are non - intrusive for consumers , highly respectful of their privacy rights , non - burdensome for providers , reasonable and do not go beyond what is necessary in order to achieve this purpose . notably , they should take into account that a reasonable balance must be found between the capability of the verification system to detect any practices of cross - border access not authorized by this regulation , and the comprehensive operational cost for providers carrying out those verifications . considering that for purposes of the verification what matters is not the specific physical location of the subscriber , but rather , in which member state she or he is accessing the service , precise location data should not be collected , transmitted , processed or stored for this purpose . similarly , where authentication of the subscriber is sufficient in order to deliver the service provided , her or his identification should not be required . the verification process should be designed to ensure privacy and data protection of the subscriber in every moment , in a non - cumulative way , using as far as possible information already lawfully available to the provider , and in any case the lightest and simplest methods available .


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


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


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### the development of european identity and citizenship is also based on the smooth functioning of the internal market , which comprises an area without internal frontiers where the free movement of services and persons is guaranteed and encouraged . it is therefore necessary to ensure seamless access to online content services throughout the union by providing that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for such purposes as leisure , business or study . therefore , barriers that hamper access and use of such online content services cross border should be eliminated .


### requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , it is not appropriate for this regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state . in such cases the provider shall not be liable if the quality of delivery of the service is lower . nevertheless , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement . ### requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , it is not appropriate for this regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state . in such cases the provider shall not be liable if the quality of delivery of the service is lower , provided that the quality loss can be clearly attributed to objective reasons such as poor performance of the local network infrastructure . the service provider should however inform the consumer of the possible reduction in quality . nevertheless , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement , without however being able to charge any additional cost for it or imposing any additional administrative burden to the subscriber . the competent market surveillance authority should regularly monitor the pertinence of the justifications given by providers for a lower quality of delivery .


### member states shall ensure that shareholders have the right to vote on the remuneration policy as regards directors . companies shall only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the policy shall be submitted for approval by the shareholders at least every three years . ### member states shall ensure that shareholders have the right to vote on the remuneration policy as regards directors . companies shall only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . any changes to this policy shall be approved by shareholders . the shareholders shall confirm or amend the remuneration policy at least every three years .


### the relative change of the remuneration of directors over the last three financial years , its relation to the development of the value of the company and to change in the average remuneration of full time employees of the company other than directors ; ### the relative change of the remuneration of executive directors over the last three financial years and its relation to both the administrative and financial development of the company and the change in the average remuneration of employees of the company ;


### the policy shall indicate the maximum amounts of total remuneration that can be awarded , and the corresponding relative proportion of the different components of fixed and variable remuneration . it shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors ' remuneration by explaining the ratio between the average remuneration of directors and the average remuneration of full time employees of the company other than directors and why this ratio is considered appropriate . the policy may exceptionally be without a ratio in case of exceptional circumstances . in that case , it shall explain why there is no ratio and which measures with the same effect have been taken . ### the policy shall indicate the maximum amounts of total remuneration that can be awarded , and the corresponding relative proportion of the different components of fixed and variable remuneration . it shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors ' remuneration by explaining the ratio between the average remuneration of executive directors and the average remuneration of employees of the company and why this ratio is considered appropriate .


### the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network , inclusive , among others , of origination , transit and termination costs , shall not exceed a safeguard limit of eur 0 . 04 per minute as of 15 june 2017 shall , without prejudice to article 19 , remain at eur 0 . 04 until 30 june 2022 ### the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network , inclusive , among others , of origination , transit and termination costs , shall not exceed a safeguard limit of eur 0 . 025 per minute as of 15 june 2017 , shall , on 1 july 2019 , decrease to 0 . 02 per minute and shall , without prejudice to article 19 , remain at eur 0 . 02 until 30 june 2022


### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 . 0085 per megabyte of data transmitted and shall , without prejudice to article 19 , remain at eur 0 . 0085 per megabyte of data transmitted until 30 june 2022 . ### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 4 per gigabyte of data transmitted . the safeguard limit shall , on 1 july 2018 , decrease to eur 3 per gigabyte of data transmitted , on 1 july 2019 to eur 2 per gigabyte of data transmitted , on 1 july 2020 to eur 1 . 5 per gigabyte of data transmitted , and on 1 july 2021 to eur 1 per gigabyte of data transmitted . it shall , without prejudice to article 19 , remain at eur 1 per gigabyte of data transmitted until 30 june 2022 .


### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 . 0085 per megabyte of data transmitted and shall , without prejudice to article 19 , remain at eur 0 . 0085 per megabyte of data transmitted until 30 june 2022 . ### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 2 . 5 per gigabyte of data transmitted . this safeguard limit shall , on 1 july 2018 , decrease to eur 2 per gigabyte of data transmitted , on 1 july 2019 to eur 1 . 5 per gigabyte of data transmitted , and on 1 july 2020 , to eur 1 per gigabyte of data transmitted . it shall remain , without prejudice to article 19 , at eur 1 per gigabyte of data transmitted until 30 june 2022 .


### an annual duty free tariff quota of 35 000 tons is opened for imports into the union of virgin olive oil originating in tunisia and falling within cn codes 1509 10 10 and 1509 10 90 . ### an annual duty free tariff quota of 17 500 tons is opened for imports into the union of virgin olive oil originating in tunisia , falling within cn codes 1509 10 10 and 1509 10 90 , obtained entirely from tunisian olives grown in that country and transported directly from there to the eu .


### the union can best support tunisia’s economy , in accordance with the objectives set out in the european neighbourhood policy and in the euro - mediterranean agreement , by providing an attractive and reliable market for tunisia’s exports of olive oil . this requires autonomous trade measures allowing for the import of this product into the union on the basis of a duty free tariff quota . ### the union can best support tunisia’s economy , in accordance with the objectives set out in the european neighbourhood policy and in the euro - mediterranean agreement , by providing an attractive and reliable market for tunisia’s exports . to this end , pending the conclusion of the negotiations on the establishment of a deep and comprehensive free trade area , on 15 may 2014 , in response to the economic crisis in tunisia and in order to provide support for the political reforms required , the eu approved an eur 300 million increase in macro - financial assistance to tunisia , to be disbursed in three eur 100 million instalments in 2015 .


### where the commission finds that there is sufficient evidence of a failure by tunisia to comply with the conditions set out in article 2 , it may adopt an implementing act suspending in whole or in part the preferential arrangements provided for in article 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 6 . ### where the commission finds that there is sufficient evidence of a failure by tunisia to comply with the conditions set out in article 2 , it may adopt an implementing act suspending in whole the preferential arrangements provided for in article 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 6 .


### ensure attendance of relevant experts in meetings organized by the commission and participation in the relevant regional co - ordination groups referred to in article 8 . ### ensure attendance of relevant experts in expert group meetings organised by the commission , the meetings referred to in article 20 and participation in the relevant regional co - ordination groups referred to in article 8 .


### with a view to ascertaining whether beneficiaries of international protection are still in need of that protection , determining authorities should review the granted status when the residence permit has to be renewed , for the first time in the case of refugees , and for the first and second time in the case of beneficiaries of subsidiary protection , as well as when a significant relevant change in the beneficiaries ' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation37 . __________________ 37 com271 final . ### with a view to ascertaining whether beneficiaries of international protection are still in need of protection , determining authorities might review the granted status when a significant relevant change in the beneficiaries ' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation37 . __________________ 37 com271 final .


### in order to apply article 14 , the determining authority shall review the refugee status in particular : ### in applying article 14 , the determining authority may review the refugee status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards homosexuality , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning homosexuals and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . ### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards sexual orientation and gender identity , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . moreover , the competent national authorities should not find that the statements of the applicant lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation , gender identity , gender expression or sex characteristics when he or she first set out the details of his or her persecution .


### for beneficiaries of refugee status , the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three years . ### for beneficiaries of refugee status , the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years .


### in order to apply article 20 , the determining authority shall review the subsidiary protection status in particular ### in applying article 20 , the determining authority may review the subsidiary protection status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


### member states may decide that this article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the member states , and who were wholly or mainly dependent on the beneficiary of international protection at the time . ### member states may decide that this article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the member states .


### for a well - functioning ceas , including of the dublin system , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . in addition , rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed . moreover , divergent practices regarding the duration of the residence permits should be avoided , and the rights granted to beneficiaries of international protection should be further clarified and harmonised . ### a common union policy on international protection should be based on a uniform status . to move towards a well - functioning ceas , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . at the same time , it is important not to overburden administratively the authorities of the member states . accordingly , rules should be strengthened to ensure that protection is granted to those who need it . moreover , a harmonised duration for residence permits should be established , which should take full account of the current practice in the member states , and the rights granted to beneficiaries of international protection should be further clarified and harmonised .


### competent authorities shall issue travel documents with the minimum security features and biometrics outlined in regulation no 2252 / 2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport . those documents shall be valid for at least one year . ### competent authorities shall issue travel documents with the minimum security features and biometrics outlined in regulation no 2252 / 2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport . those documents shall be valid for at least five years .


### successful resettlement candidates should be granted international protection . accordingly , the provisions of this regulation on the content of international protection should apply , including the rules to discourage secondary movement . ### successful resettlement candidates should be granted international protection . accordingly , the provisions of this regulation on the content of international protection should apply .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory , provided that they are free of charge , genuinely and easily accessible and that they take into account the special needs of beneficiaries of international protection .


### competent authorities shall issue travel documents to beneficiaries of refugee status , in the form set out in the schedule to the geneva convention and with the minimum security features and biometrics outlined in council regulation no 2252 / 200445 . those travel documents shall be valid for at least one year . __________________ 45 council regulation no 2252 / 2004 of 13 december 2004 on standards for in passports and travel documents issued by member states ### competent authorities shall issue travel documents to beneficiaries of refugee status , in the form set out in the schedule to the geneva convention and with the minimum security features and biometrics outlined in council regulation no 2252 / 200445 . those travel documents shall be valid for at least five years . __________________ 45 council regulation no 2252 / 2004 of 13 december 2004 on standards for in passports and travel documents issued by member states


### - members share an innate characteristic , or a common background that cannot be changed , or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it , and ### - members share an innate characteristic , or a common background that cannot be changed , or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it , or


### protection can be provided , where they are willing and able to offer protection , either by the state or by parties or organisations , including international organisations , meeting the conditions set out in this directive , which control a region or a larger area within the territory of the state . such protection should be effective and of a non - temporary nature . ### protection can be provided by the state , where it is willing and able to ensure protection . such protection should be effective and of a non - temporary nature .


### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union . ### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union .


### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 . ### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory , provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . international protection should also be granted , for the purposes of this regulation , to individuals who are suffering a serious threat due to natural or man - made disasters . _________________ 36 c - 465 / 07 .


### depending on the circumstances in the country of origin , the concept might include a group based on a common characteristic of sexual orientation ; gender related aspects , including gender identity , shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ; ### depending on the circumstances in the country of origin , the concept includes groups based on a common characteristic related to sexual orientation and gender aspects , including gender identity ; those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ;


### in addition , especially to avoid social hardship , it is appropriate to provide beneficiaries of international protection with social assistance without discrimination . however , as regards beneficiaries of subsidiary protection , member states should be given some flexibility , to limit such rights to core benefits , which is to be understood as covering at least minimum income support , assistance in the case of illness , or pregnancy , and parental assistance , in so far as those benefits are granted to nationals under national law . in order to facilitate their integration , member states should be given the possibility to make the access to certain type of social assistances specified in national law , for both refugees and beneficiaries of subsidiary protection , conditional on the effective participation of the beneficiary of international protection in integration measures . ### in addition , especially to avoid social hardship , it is appropriate to provide beneficiaries of international protection with social assistance without discrimination . in order to facilitate their integration , member states should be given the possibility to make the access to certain types of social assistances specified in national law conditional on the effective participation of the beneficiary of international protection in integration measures .


### competent authorities , where necessary shall facilitate the full access to the activities referred to in paragraph and . ### competent authorities shall facilitate full access to the activities referred to in paragraph and .


### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final . ### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 . for the purpose of applying this regulation the european union agency and the member states should take into account the information provided by the un high commissioner for refugees and non - governmental organisations active on the ground . _________________ 34 com 271 final .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . compensation schemes should focus in particular on the special needs of smes and start - ups , which do not have the same financial capacity as other firms . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies , with due regard for the principle of technological neutrality .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries , with a requirement for the beneficiaries and financial intermediaries involved in the financing operations to publish country - by - country tax and accountancy data and to disclose information on beneficial ownership .


### “5 . the results of monitoring shall , where possible , be disclosed , subject to confidentiality requirements and the agreement of relevant parties . ” ### article 9 – paragraph 5 is replaced by the following : “5 . the results of monitoring shall be disclosed , subject to confidentiality requirements”“


### member states shall ensure that appropriate measures are taken in the event of a breach of that requirement . ### member states shall ensure that appropriate measures , including the imposition of penalties , are laid down and taken in the event of a breach of that requirement , and that the suspect or accused person whose right to the presumption of innocence has been infringed has access to an effective remedy . member states shall ensure that the presumption of innocence is not infringed by the press , by taking appropriate measures , including the imposition of penalties , in cases in which the press presents a suspect or accused person as if they had already been convicted .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible at any stage of the proceedings .


### member states shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding . ### member states shall ensure that suspects or accused persons have the right not to incriminate themselves in any criminal proceeding .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural persons suspected or accused at every stage of the criminal proceedings against them until those proceedings are finally concluded with the handing down of a sentence .


### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise . they shall register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement . ### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise . they shall electronically register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences .


### to ensure that the material reception conditions provided to applicants comply with the principles set out in this directive , it is necessary to further clarify the nature of those conditions , including not only housing , food and clothing but also essential non - food items such as sanitary items . it is also necessary that member states determine the level of material reception conditions provided in the form of financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals , such as minimum income benefits , minimum wages , minimum pensions , unemployment benefits and social assistance benefits . that does not mean that the amount granted should be the same as for nationals . member states may grant less favourable treatment to applicants than to nationals as specified in this directive . ### to ensure that the material reception conditions provided to applicants comply with the principles set out in this directive , it is necessary to further clarify the nature of those conditions , including not only housing , food and clothing but also essential non - food items such as sanitary items . it is also necessary that member states determine the level of material reception conditions provided in the form of financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals , such as minimum income benefits , minimum wages , minimum pensions , unemployment benefits and social assistance benefits . that does not mean that the amount granted should be the same as for nationals .


### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy before a national judicial authority . ### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . any decision imposing detention should contain a reference to the consideration of the available alternatives and the reasons why they could not be applied effectively . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy .


### applicants do not have the right to choose the member state of application . an applicant must apply for international protection in the member state either of first entry or , in case of legal presence , in the member state of legal stay or residence . an applicant who has not complied with this obligation is less likely , following a determination of the member state responsible under regulation no xxx / xxx [ dublin regulation ] , to be allowed to stay in the member state where the application was made and consequently more likely to abscond . his or her whereabouts should therefore be closely monitored . ### applicants do not have the right to choose the member state of application . an applicant must apply for international protection on the basis of the criteria established in regulation no xxx / xxx [ dublin regulation ] .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states may , where necessary and proportionate and on the basis of a decision of judicial authorities , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding .


### member states shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued . ### member states may provide applicants with a travel document when reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued .


### education and vocational training , except study and maintenance grants and loans or other grants and loans related to education and vocational training ; ### education and vocational training ;


### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and a dignified standard of living for all applicants . ### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and an adequate standard of living for all applicants .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care .


### applicants are required to be present in the member state where they made an application or in the member state to which they are transferred in accordance with regulation no xxx / xxx [ dublin regulation ] . in case an applicant has absconded from this member state and , without authorisation , travelled to another member state , it is vital , for the purpose of ensuring a well - functioning common european asylum system that the applicant is swiftly returned to the member state where he or she is required to be present . until such a transfer has taken place , there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored . ### applicants are required to remain available to the relevant authorities of the member state where they made an application or in the member state to which they are transferred in accordance with regulation no xxx / xxx [ dublin regulation ] . where an applicant has absconded and has travelled to another member state without authorisation , it is vital , for the purpose of ensuring a well - functioning common european asylum system that the applicant is swiftly returned to the member state where he or she is required to be present . until such a transfer has taken place , there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored .


### detention of applicants shall be ordered in writing by judicial or administrative authorities . the detention order shall state the reasons in fact and in law on which it is based . ### detention of applicants shall be ordered in writing by judicial authorities . the detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , at the time when the person concerned expresses the intention to apply for international protection and at the latest when they lodge their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , as well as certain other retransmissions , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as to the extent that those services have different characteristics and do not respect territorial restrictions .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and of the online marketplace is transforming the distribution of , and access to , television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services , in order to broaden their standard programming . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in a member state other than their member state of origin .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire , or over the air , including that by satellite or online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , in a closed environment , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is equivalent to those carried out by cable retransmission services operators and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


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


### in order to contribute to the functioning of the internal market , it is necessary to provide for wider dissemination of television and radio programmes originating in other member states for the benefit of users across the union by facilitating licensing of copyright and related rights in works and other protected subject - matter contained in broadcasts of such programmes . indeed , television and radio programmes are important means of promoting cultural and linguistic diversity , social cohesion and access to information . ### in order to contribute to the functioning of the internal market and to promote cultural and linguistic diversity , social cohesion , and access to information , it is necessary to provide for wider dissemination of television and radio programmes originating in other member states for the benefit of users across the union by facilitating licensing of copyright and related rights in works and other protected subject - matter contained in broadcasts of such programmes .


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


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes , as well as access to information , by facilitating the clearance of these rights .


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


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### &#8220 ; online service&#8221 ; means an online service consisting in the provision to the public of :


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed - circuit ip - based , and mobile networks , and via an internet access service provided in accordance with regulation no 2015 / 2120 of the european parliament and of the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation only if they cannot ensure a controlled environment and their services do not have a definable number of users .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , irrespective of the retransmission technology or network used , provided that the retransmission takes place in a controlled environment , of television or radio programmes intended for reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### this regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the member states of establishment of those organisations . however , these provisions affect neither the rights provided under directive 2001 / 29 / ec1 nor the rights acquisition on a contractual basis for such online transmissions . therefore , through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission such as geo - blocking or geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### the ancillary online services covered by this regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast . they include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access , within a defined time period after the broadcast , to television and radio programmes which have been previously broadcast by the broadcasting organisation . in addition , ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content . the provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service . similarly , the provision of access to works or other protected subject matter independently of broadcast , such as services giving access to individual musical or audiovisual works , music albums or videos , do not fall under the definition of ancillary online service . ### the ancillary online services covered by this regulation are those services offered by broadcasting organisations which have a clear relationship to the broadcast . they include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access to television and radio programmes which have been previously broadcast or will be broadcast by the broadcasting organisation . in addition , ancillary online services include services which give access to material or programmes which enrich or otherwise expand television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content , or any service by a broadcasting organisation that mainly consists of the provision to the public of works produced , co - produced or commissioned under the editorial responsibility of a broadcasting organisation . the provision of access to works or other protected subject matter independently and separately from the broadcasting organization ' s programming , such as services giving access to individual musical or audiovisual works , music albums or videos , do not fall under the definition of ancillary online service


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the online service such as the nature and features of the online service , the audience , and the language version .


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### ' ancillary online service ' means an&#160 ; online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or&#160 ; in relation with the broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast and any service by the broadcasting organisation that mainly consists of the provision to the public of works produced , co - produced or commissioned under the editorial responsibility of the broadcasting organisation ;


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite and online transmission , of television or radio programmes intended for the reception by the public . such retransmission is must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### member states shall define upper and lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises . ### member states may define upper and / or lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . member states shall annually notify to the ec any change related to the thresholds . support shall be limited to holdings coming under the definition of micro and small enterprises .


### support under point of article 36 shall only be granted in duly justified cases and where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . income for the purposes of point of article 36 shall refer to the sum of revenues the farmer receives from the market , including any form of public support , deducting input costs . payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance . ### support under point of article 36 shall only be granted for insurance contracts and mutual funds which cover for income loss exceeding 20 % of the average annual income of the individual farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . income for the purposes of point of article 36 shall refer to the sum of revenues the farmer receives from the market , including any form of public support , deducting input costs . indexes or indicators , which may refer for example to revenues , prices , quantities and / or costs , even at regional level or local area , may be used to calculate the actual loss of turnover or revenues per farmer .


### ' 1 . support under point of article 36 shall only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . income for the purposes of point of article 36 shall refer to the sum of revenues the farmer receives from the market , including any form of public support , deducting input costs . payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance . ' ### in article 39 , paragraph 1 is replaced by the following : ' 1 . support under point of article 36 shall only be granted where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . income for the purposes of point of article 36 shall refer to the sum of revenues the farmer receives from the market , including any form of public support , deducting input costs . payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance . indexes may be used to calculate the annual loss of income of the farmer . '


### member states shall define upper and lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises . ### member states may define upper and / or lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . member states may annually notify to the ec any changes related to the thresholds .


### ' where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle , there shall be at least two different crops on that arable land . the main crop shall not cover more than 75 % of that arable land . ' ### 3 b . in article 44 , the first subparagraph is replaced by the following : ' where the arable land of the farmer covers between 15 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle , there shall be at least two different crops on that arable land . the main crop shall not cover more than 75 % of that arable land . '


### ' support under point of article 36 shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event , or by an animal or plant disease , or a pest infestation , or an environmental incident or a measure adopted in accordance with directive 2000 / 29 / ec to eradicate or contain a plant disease , or pest which destroys more than 30 % of the average annual production of the farmer in the preceding three - year period or a three - year average based on the preceding five - year period , excluding the highest and lowest entry . indexes may be used in order to calculate the annual production of the farmer . the calculation method used shall permit the determination of the actual loss of an individual farmer in a given year . ' ### in article 37 , paragraph 1 is replaced by the following : ' support under point of article 36 shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event , or by an animal or plant disease , or a pest infestation , or an environmental incident or a measure adopted in accordance with directive 2000 / 29 / ec to eradicate or contain a plant disease , or pest which destroys more than 20 % of the average annual production of the farmer in the preceding three - year period or a three - year average based on the preceding five - year period , excluding the highest and lowest entry . indexes may be used in order to calculate the annual production of the farmer . the calculation method used shall permit the determination of the actual loss of an individual farmer in a given year . '


### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified direct or indirect detriment to the reporting person ;


### persons need specific legal protection where they acquire the information they report through their work - related activities and therefore run the risk of work - related retaliation . the underlying reason for providing them with protection is their position of economic vulnerability vis - à - vis the person on whom they de facto depend for work . when there is no such work - related power imbalance there is no need for protection against retaliation . ### persons need specific protection where they acquire the information they report through their work - related activities and therefore run the risk of work - related retaliation . the underlying reason for providing them with protection is , amongst others , their position of vulnerability vis - à - vis the person on whom they de facto depend for work . furthermore , the protection should be granted to incentive citizens to report breaches of law in order to safeguard the public interest and proper functioning of democracy .