### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . however , in the absence of a contractual relationship between the credit rating agency and the investor , investors are not always in a position to enforce the agency ' s responsibility towards them . therefore , it is important to provide for an adequate right of redress for investors who relied on a credit rating issued in breach of the rules of regulation no 1060 / 2009 . the investor should be able to hold the credit rating agency liable for any damage caused by an infringement of that regulation which had an impact on the rating outcome . infringements which do not impact the rating outcome , such as breaches of transparency obligations , should not trigger civil liability claims . ### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . however , in the absence of a contractual relationship between the credit rating agency and the investor , investors are not always in a position to enforce the agency ' s responsibility towards them . therefore , it is important to provide for an adequate right of redress for investors who relied on a credit rating issued in breach of the rules of regulation no 1060 / 2009 . the investor should be able to hold the credit rating agency liable , when acting intentionally or with gross negligence , for any damage caused by an infringement of that regulation which had an impact on the rating outcome . infringements which do not impact the rating outcome , such as breaches of transparency obligations , should not trigger civil liability claims .


### investors , issuers and other interested parties should have access to up to date rating information on a central webpage . a european rating index established by esma should allow investors to easily compare all ratings that exist with regard to a specific rated entity and provide them with average ratings . in order to enable investors to compare ratings on the same entity issued by different credit rating agencies it is necessary that credit rating agencies use a harmonised rating scale , to be developed by esma and adopted by the commission as a regulatory technical standard . the use of the harmonised rating scale should only be mandatory for the publication of the ratings on the eurix webpage while credit rating agencies should be free to use their own rating scales when publishing the ratings on their own websites . the mandatory use of a harmonised rating scale should not have a harmonising effect on methodologies and processes of credit rating agencies , but should be limited to making the rating outcome comparable . it is important that the eurix webpage shows , in addition to an aggregate rating index , all available ratings per instrument in order to allow investors to consider the whole variety of opinions before taking their own investment decision . the aggregate rating index may help investors to get a first indication of the creditworthiness of an entity . the eurix should help smaller and new credit rating agencies to gain visibility . the european rating index would complement the information on historical performance data to be published by credit rating agencies in esma ' s central repository . the european parliament supported the establishment of such european rating index in its resolution on credit rating agencies of 8 june 2011 . ### investors , issuers and other interested parties should have access to up to date rating information on a central webpage and via data feeds . a european rating index established by esma should allow investors to easily compare all ratings that exist with regard to a specific rated entity and provide them with average ratings . in order to enable investors to compare ratings on the same entity issued by different credit rating agencies it is necessary that credit rating agencies use a harmonised rating scale , to be developed by esma in cooperation with eba and eiopa and adopted by the commission as a regulatory technical standard . the use of the harmonised rating scale should only be mandatory for the publication of the ratings on the eurix webpage while credit rating agencies should be free to use their own rating scales when publishing the ratings on their own websites . the mandatory use of a harmonised rating scale should not have a harmonising effect on methodologies and processes of credit rating agencies , but should be limited to making the rating outcome comparable . it is important that the eurix webpage shows , in addition to an aggregate rating index , all available ratings per instrument in order to allow investors to consider the whole variety of opinions before taking their own investment decision . the aggregate rating index may help investors to get a first indication of the creditworthiness of an entity . the eurix should help smaller and new credit rating agencies to gain visibility . credit ratings agencies that work on a subscription - or investor - based payment model shall be exempt from the publication of individual credit ratings and should only feature in the establishment of the average ratings . the european rating index would complement the information on historical performance data to be published by credit rating agencies in esma ' s central repository . the european parliament supported the establishment of such european rating index in its resolution on credit rating agencies of 8 june 2011 .


### the credit rating agency infringes point of article 8 , where it intends to use new methodologies , by not publishing immediately on its website the new methodologies together with a detailed explanation thereof . ### the credit rating agency infringes point of article 8 , where it intends to use new methodologies , by not notifying esma and publishing on its website the new methodologies together with a detailed explanation without undue delay .


### credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall not solely or mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . competent authorities in charge of supervising these undertakings shall closely check the adequacy of undertakings credit assessment processes . ### credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositoriesshall make their own credit risk assessment and shall not solely or mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . central banks shall not require credit institutions to have their collateral rated by a credit rating agency for the purpose of central bank refinancing . competent authorities in charge of supervising these undertakings shall closely check the adequacy of undertakings credit assessment processes .


### the commission should adopt the draft regulatory technical standards developed by esma regarding the content of the handover file when a credit rating agency is replaced by another credit rating agency , the content , frequency and presentation of the information to be provided by issuers on structured finance instruments , harmonisation of the standard rating scale to be used by credit rating agencies , the presentation of the information , including structure , format , method and timing of reporting , that credit rating agencies should disclose to esma in relation to eurix and the content and format of the periodic reporting on fees charged by credit rating agencies for the purposes of ongoing supervision by esma . the commission should adopt those standards by means of delegated acts pursuant to article 290 of the treaty and in accordance with articles 10 to 14 of regulation no 1095 / 2010 . ### the commission should adopt the draft regulatory technical standards developed by esma regarding the content , frequency and presentation of the information to be provided by issuers on structured finance instruments , the presentation of the information , including structure , format , method and timing of reporting , that credit rating agencies , eba and national central banks of member states should disclose to esma in relation to eurix and the content and format of the periodic reporting on fees charged by credit rating agencies for the purposes of ongoing supervision by esma . the commission should adopt those standards by means of delegated acts pursuant to article 290 of the treaty and in accordance with articles 10 to 14 of regulation no 1095 / 2010 .


### after expiry of the consultation period referred to in the first subparagraph , the credit rating agency shall notify esma of the intended changes or proposed new methodologies . ### after expiry of the consultation period referred to in the first subparagraph , the credit rating agency shall notify esma of the intended material changes or proposed new methodologies .


### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . however , in the absence of a contractual relationship between the credit rating agency and the investor , investors are not always in a position to enforce the agency ' s responsibility towards them . therefore , it is important to provide for an adequate right of redress for investors who relied on a credit rating issued in breach of the rules of regulation no 1060 / 2009 . the investor should be able to hold the credit rating agency liable for any damage caused by an infringement of that regulation which had an impact on the rating outcome . infringements which do not impact the rating outcome , such as breaches of transparency obligations , should not trigger civil liability claims . ### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . however , in the absence of a contractual relationship between the credit rating agency and third parties , the latter are not always in a position to enforce the agency ' s responsibility towards them . therefore , it is important to provide for an adequate right of redress for third parties who relied on a credit rating issued in breach of the rules of regulation no 1060 / 2009 . third parties should be able to hold the credit rating agency liable for any damage caused by an infringement of that regulation which had an impact on the rating outcome . infringements which do not impact the rating outcome , such as breaches of transparency obligations , should not trigger civil liability claims .


### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . however , in the absence of a contractual relationship between the credit rating agency and the investor , investors are not always in a position to enforce the agency ' s responsibility towards them . therefore , it is important to provide for an adequate right of redress for investors who relied on a credit rating issued in breach of the rules of regulation no 1060 / 2009 . the investor should be able to hold the credit rating agency liable for any damage caused by an infringement of that regulation which had an impact on the rating outcome . infringements which do not impact the rating outcome , such as breaches of transparency obligations , should not trigger civil liability claims . ### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . although ratings sometimes are associated with broad market interest it shall be remembered they are nothing but the estimation of an individual rating agency . civil liability on behalf of the credit rating agencies would pose a substantial risk of increasing user ' s reliance upon them and thereby be contradictory to the overarching aim of reducing reliance on ratings . regarding matters concerning the civil liability of a credit rating agency such matters should therefore be governed by the applicable national law determined by the relevant rules of international private law .


### esma shall establish a european rating index which will include all credit ratings submitted to esma pursuant to paragraph 1 and an aggregated rating index for any rated debt instrument . the index and individual credit ratings shall be published on esma ' s website . ### esma shall establish a european rating index which will include all credit ratings submitted to esma pursuant to paragraph 1 and an aggregated rating index for any rated debt instrument . the index and individual credit ratings shall be published on a dedicated website and be available as data feed . esma shall streamline its efforts in this respect with the work already undertaken by eba and eiopa .


### it is important to ensure that modifications to the rating methodologies do not result in less rigorous methodologies . for that purpose , issuers , investors and other interested parties should have the opportunity to comment on any intended change of rating methodologies . this will help them to understand the reasons behind new methodologies and for the change in question . comments provided by issuers and investors on the draft methodologies may provide valuable input for the credit rating agencies in defining the methodologies . moreover , esma should verify and confirm the compliance of new rating methodologies with article 8 of regulation no 1060 / 2009 and the relevant regulatory technical standard before methodologies are applied in practice . esma should verify that the proposed methodologies are rigorous , systematic , continuous and subject to validation based on historical experience , including back - testing . however , this verification process should not grant esma any power to judge the appropriateness of the proposed methodology or the content of the credit ratings issued following the application of the methodologies . ### it is important to ensure that relevant modifications to the rating methodologies do not result in less rigorous methodologies . for that purpose , issuers , investors and other interested parties should have the opportunity to comment on any intended relevant change of rating methodologies . this will help them to understand the reasons behind new methodologies and for the change in question . comments provided by issuers and investors on the draft methodologies may provide valuable input for the credit rating agencies in defining the methodologies . moreover , esma should be notified when new methodologies are applied in practice . however , this notification should not grant esma any power to judge the appropriateness of the proposed methodology or the content of the credit ratings issued following the application of the methodologies or to certify or pre - approve methodologies used by credit rating agencies .


### when methodologies , models or key assumptions used in credit rating activities are changed following the decision of esma referred to in paragraph 3 of article 22a , a credit rating agency shall : ### when methodologies , models or key assumptions used in credit rating activities are changed after the expiry of the one - month period for checking by esma as referred to in paragraph 3 of article 22a , a credit rating agency shall :


### esma shall establish a european rating index which will include all credit ratings submitted to esma pursuant to paragraph 1 and an aggregated rating index for any rated debt instrument . the index and individual credit ratings shall be published on esma ' s website . ### esma shall establish a european rating index which will constitute an aggregated rating - implied index for any rated debt instrument , derived from all credit ratings submitted to esma pursuant to paragraph 1 , the credit risk measurements submitted by eba derived from the internal models of banks authorised to use such models in the union and , where available , from credit risk measurements submitted to esma by the national central banks of the member states and other european and global public authorities . the index shall be published on esma ' s website .


### when methodologies , models or key assumptions used in credit rating activities are changed following the decision of esma referred to in paragraph 3 of article 22a , a credit rating agency shall : ### when methodologies , models or key assumptions used in credit rating activities are changed a credit rating agency shall without undue delay :


### directive xxxx / xx / eu of the european parliament and of the council of [ … ] on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms19 has introduced a provision requiring banks and investment firms to assess the credit risk of entities and financial instruments in which they invest themselves and not to simply rely in this respect on external ratings . this rule should be extended to other financial firms regulated under union law , including investment managers . member states should not be entitled to impose rules that allow stricter reliance of these investors on external ratings . ### directive xxxx / xx / eu of the european parliament and of the council of [ … ] on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms19 has introduced a provision requiring banks and investment firms to assess the credit risk of entities and financial instruments in which they invest themselves and not to simply rely in this respect on external ratings . this rule should be extended to other financial firms regulated under union law , including investment managers . member states should not be entitled to impose rules that allow stricter reliance of these investors on external ratings . furthermore , member states should revise their national rules and technical standards to eliminate the reference to credit ratings where they trigger mechanic reliance on credit ratings . member states should also review all references to specific credit ratings in order to take into account all registered and certified rating agencies .


### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ‘ places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice’ . chapter v of the charter sets down ‘ citizens’ rights ‘ , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . ### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ‘ places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice’ . chapter v of the charter sets down ‘ citizens’ rights’ , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . it follows that there is a general presumption against the loss of citizenship .


### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . ### european citizenship is not limited to the exercise of the right to move freely and to work in another member state . the union confers a broad range of rights which all citizens should be aware of and be able to exercise freely : their rights to training , to health and to retirement and their right to consume goods and services . citizens should also have access to information on all means of redress should their rights not be respected .


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union , including lack of access to information regarding their rights and the procedures to be followed .


### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ' key competences for lifelong learning ' and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . ### in particular , union citizens considering whether to make use of their right to free movement should be proactively informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights or individually accumulated rights when choosing to move within europe or to work elsewhere within the continent . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ' key competences for lifelong learning ' and which can equip them to fully participate in civic life and empower them to exercise their rights under union law .


### the right to move and reside freely within the territory of the member states is highly valued by union citizens as a core individual right deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens . ### the right to move and reside freely within the territory of the member states is highly valued by union citizens as a core individual right deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens and to strengthening cohesion and togetherness .


### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ' key competences for lifelong learning ' and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . ### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ' key competences for lifelong learning ' and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . in order to achieve this objective - better information and greater awareness - it is necessary to mobilise all the organisations involved as well as the social partners .


### – information , education and awareness raising campaigns targeted at the general public and more specific audiences ; ### – information , education and awareness raising campaigns targeted at the general public and more specific audiences , with the active participation of the social partners ;


### the right to move and reside freely within the territory of the member states is highly valued by union citizens as a core individual right deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens . ### the right to move and reside freely within the territory of the member states only allows a better understanding of the value of european integration if accompanied by practical measures taken by the union and member states in relation to training , recognition of qualifications , worker mobility .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet intermediaries . in this connection , particular attention should be paid to sectors which , by their very nature , generate value which is to a large extent intangible , such as the creative and cultural sector . also , a proper representation of consumers , small and medium - sized enterprises , creators and users of cultural services and platforms , including stakeholders of the non - profit sector , should be ensured .


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities in cooperation with stakeholders as a whole , including representatives of the private sector and civil society , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the impact of infringements of those rights on creativity and innovation within the union , identifying and promoting the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . in this connection , due consideration should be given to the impact of digitisation and new technologies for protecting intellectual property rights and the encouragement of new niches and business models expanding the legal offer of cultural and creative content .


### the office shall invite one national representative from each member state , and five representatives each from the european parliament and the commission . ### the office shall invite each member state to send at least one representative from its public administration to meetings of the observatory .


### consumer organisations and small and medium sized enterprises shall be properly represented . ### consumer organisations , small and medium - sized enterprises , internet intermediaries and creators and users of cultural services and platforms , including stakeholders of the non - profit sector , shall be properly represented .


### the office shall invite one national representative from each member state , and five representatives each from the european parliament and the commission . ### the office shall invite each member state to send at least one representative from its public administration to meetings of the observatory . in that context , member states shall ensure continuity in the observatory ' s work .


### this regulation entrusts the office for harmonization in the internal market with certain tasks related to the protection of intellectual property rights . in carrying out these tasks the office shall regularly invite experts , authorities and stakeholders which will assemble under the name ‘ european observatory on counterfeiting and piracy’ . ### this regulation entrusts the office for harmonisation in the internal market with certain tasks related to the enforcement of intellectual property rights covered by directive 2004 / 48 / ec , with the aim of facilitating and supporting the activities of national authorities , the private sector and the union institutions in the fight against infringements of those rights . in carrying out these tasks the office shall regularly invite experts , authorities and stakeholders which will assemble under the name ‘ european observatory on counterfeiting and piracy’ .


### enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy , including tracking and tracing systems ; ### enhancing and fostering knowledge concerning technical tools to prevent and combat infringements of intellectual property rights ;


### in some cases interworking via networks with other radio equipment and connection with interfaces of the appropriate type throughout the union may be necessary . interoperability between radio equipment and accessories such as chargers simplify use of radio equipment and reduce unnecessary waste . ### interworking via networks with other radio equipment and connection with interfaces of the appropriate type throughout the union is necessary in some cases . interoperability between radio equipment and accessories such as chargers simplifies use of radio equipment , reduces unnecessary waste and costs . a renewed effort to develop a common charger would therefore be highly desirable and consequently be beneficial in particular for consumers and other end - users .


### information available on the packaging shall allow to identify the member states or the geographical area within a member state where radio equipment can be put into service , and shall alert the user to potential restrictions or requirements for authorisation of use in certain member states . such information shall be completed in the instructions accompanying radio equipment . the commission may adopt implementing acts specifying how to present this information . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 44 . ### information available on the packaging shall allow , in cases where there are restrictions to put radio equipment into service in at least one member state , to identify the member states or the geographical area within a member state where that radio equipment can be put into service . this information shall also alert the user in case of potential restrictions or requirements for authorisation of use in certain member states . such information shall be completed in the instructions accompanying radio equipment . the commission may adopt implementing acts specifying how to present this information . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 44 .


### in some cases interworking via networks with other radio equipment and connection with interfaces of the appropriate type throughout the union may be necessary . interoperability between radio equipment and accessories such as chargers may simplify use of radio equipment and reduce unnecessary waste . ### in some cases interworking via networks with other radio equipment and connection with interfaces of the appropriate type throughout the union is necessary in some cases . interoperability between radio equipment and accessories such as chargers simplifies use of radio equipment , reduces unnecessary waste and costs . a renewed effort to develop a common charger is therefore expected , as it would be highly beneficial in particular for consumers and other end - users .


### information available on the packaging shall allow to identify the member states or the geographical area within a member state where radio equipment can be put into service , and shall alert the user to potential restrictions or requirements for authorisation of use in certain member states . such information shall be completed in the instructions accompanying radio equipment . the commission may adopt implementing acts specifying how to present this information . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 44 . ### information available on the packaging shall allow , in cases where there are restrictions to put radio equipment into service in at least one member state , to identify the member states or the geographical area within a member state where that radio equipment can be put into service . this information shall also inform the user of any potential restrictions or requirements for authorisation of use in certain member states . such information shall be completed in the instructions accompanying radio equipment . the commission may adopt implementing acts specifying how to present this information . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 44 .


### the member states shall designate and make the necessary arrangements for a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all persons without discrimination on grounds of sex . such bodies may form part of agencies entrusted at national level with the defence of human rights or the safeguard of individuals ' rights , or the implementation of the principle of equal treatment . ### the member states shall take the necessary measures to ensure that the body or bodies designated in accordance with article 20 of directive 2006 / 54 / ec are also competent for the promotion , analysis , monitoring and support of equal treatment of all persons covered by this directive without discrimination on grounds of sex .


### the member states may decide whether the maternity allowance referred to in paragraph 1 is granted on a mandatory or voluntary basis . accordingly , they may provide that this allowance is granted only upon request of female self - employed workers and female spouses and life partners referred to in article 2 . ### the member states may decide whether the maternity allowance referred to in paragraph 1 is granted on a mandatory or voluntary basis .


### the member states may decide whether the social protection referred to in paragraph 1 is implemented on a mandatory or voluntary basis . accordingly , they may provide that this social protection is granted only upon the request of spouses and life partners referred to in article 2 . ### the member states may decide whether the social protection referred to in paragraph 1 is implemented on a mandatory or voluntary basis .


### in view of their participation in the activities of the family business , spouses or , when and insofar as recognised by national law the life partners , of self - employed workers who have access to a system for social protection , should also be entitled to benefit from social protection . member states should be required to take the necessary measures to organise this social protection in accordance with national law . in particular , it is up to member states to decide whether this social protection should be implemented on a mandatory or voluntary basis . member states may provide that this social protection may be proportional to the participation in the activities of the self - employed worker and / or the level of contribution . without prejudice to this directive , member states may maintain national provisions limiting access to specific social protection schemes , or to a certain level of protection , including special funding conditions , to certain groups of self - employed workers or professions , provided that access to a general scheme is available . ### in view of their participation in the activities of the family business , spouses or , when and in so far as recognised by national law the life partners , of self - employed workers who have access to a system for social protection should also be entitled to benefit from social protection . member states should be required to take the necessary measures to organise this social protection in accordance with national law . in particular , it is up to member states to decide whether this social protection should be implemented on a mandatory or voluntary basis . member states may provide that this social protection may be proportional to the participation in the activities of the self - employed worker and / or the level of contribution .


### protection of self - employed workers and spouses of self - employed workers and , when and insofar as recognised by national law the life partners , of self - employed workers , from discrimination based on sex should be strengthened by the existence of a body or bodies in each member state with competence to analyse the problems involved , to study possible solutions and to provide practical assistance to the victims . the body or bodies may be the same as those with responsibility at national level for the defence of human rights or the safeguarding of individuals’ rights , or the implementation of the principle of equal treatment . ### protection of self - employed workers and spouses of self - employed workers and , when and in so far as recognised by national law the life partners , of self - employed workers , from discrimination based on sex should be strengthened by the existence of a body or bodies in each member state with competence to analyse the problems involved , to study possible solutions and to provide practical assistance to the victims . the body or bodies may be the same as those with responsibility at national level for the implementation of the principle of equal treatment .


### the european parliament has consistently called on the commission to review directive 86 / 613 / eec , in particular so as to boost maternity protection for self - employed women and to improve the situation of spouses of self - employed workers in agriculture . ### the european parliament has consistently called on the commission to review directive 86 / 613 / eec , in particular so as to boost maternity protection for self - employed women and to improve the situation of spouses of self - employed workers .


### the economic and physical vulnerability of pregnant self - employed workers and pregnant spouses and , when and insofar as recognised by national law pregnant life partners , of self - employed workers , makes it necessary for them to be granted the right to maternity benefits . the member states remain competent to organise such benefits , including establishing the level of contributions and all the arrangements concerning benefits and payments , provided the minimum requirements of this directive are complied with . in particular , they may determine in which period before and / or after confinement the right to maternity benefits is granted . furthermore , the economic situation of the person or family in question may be taken into account when establishing contributions and / or benefits . ### the economic and physical vulnerability of pregnant self - employed workers and pregnant spouses and , when and in so far as recognised by national law pregnant life partners , of self - employed workers , makes it necessary for them to be granted the right to maternity benefits . the member states remain competent to organise such benefits , including establishing the level of contributions and all the arrangements concerning benefits and payments , provided the minimum requirements of this directive are complied with . in particular , they may determine in which period before and / or after confinement the right to maternity benefits is granted .


### if the monitoring referred to in paragraph 3 highlights significant deviations from the macro - economic adjustment programme , the council , acting by qualified majority on a proposal from the commission , may decide that the member state concerned does not comply with the policy requirements contained in the adjustment programme . ### if the monitoring referred to in paragraph 3 highlights significant deviations from the macro - economic adjustment programme , the european parliament and the council , on a proposal from the commission , may decide that the member state concerned does not comply with the policy requirements contained in the adjustment programme . the council shall act by qualified majority .


### the council , acting by qualified majority on a proposal from the commission , shall approve the adjustment programme . ### the european parliament and the council , on a proposal from the commission , shall approve the adjustment programme . the council shall act by qualified majority .


### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , the council , acting by qualified majority on a proposal from the commission , may recommend to the member state concerned to seek financial assistance and to prepare a macro - economic adjustment programme . the council may decide to make this recommendation public . ### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , the european parliament and the council , on a proposal from the commission , may recommend to the member state concerned to seek financial assistance and to prepare a macro - economic adjustment programme . the council shall act by qualified majority .


### the commission - in liaison with the ecb - shall examine with the member state concerned the changes that may be needed to its adjustment programme . the council , acting by a qualified majority on a proposal from the commission , shall decide on any change to be made to the adjustment programme . ### the commission - in liaison with the ecb - shall examine with the member state concerned the changes that may be needed to its adjustment programme . the european parliament and the council , on a proposal from the commission , shall decide on any change to be made to the adjustment programme . the council shall act by a qualified majority


### ' qualifying venture capital fund ' means a collective investment undertaking that invests at least 70 percent of its aggregate capital contributions and uncalled committed capital in assets that are qualifying investments ; ### ' qualifying venture capital fund ' means a collective investment undertaking that invests at least 55&#160 ; % of its aggregate capital contributions drawn down for investment purposes in assets that are qualifying investments or in cash ;


### ' qualifying venture capital fund ' means a collective investment undertaking that invests at least 70 percent of its aggregate capital contributions and uncalled committed capital in assets that are qualifying investments ; ### ' qualifying venture capital fund ' means a collective investment undertaking that invests less than 30 percent of its aggregate capital contributions and uncalled committed capital in assets other than qualifying investments ;


### ‘ public sector bodies may allow re - use without conditions or may impose conditions , such as indication of source , where appropriate through a licence . these conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition . ’ ### public sector bodies may allow re - use of documents without conditions or may impose conditions , where appropriate through a licence dealing with relevant issues . these conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition .


### in paragraph 1 , the words ' through electronic means ' are replaced by ' in machine - readable format and together with their metadata . ' . ### paragraph 1 is replaced by the following : ‘ 1 . public sector bodies shall make their documents available in the pre - existing formats or languages and , where possible and appropriate , in technology - neutral , machine - readable format and together with their metadata . this shall not imply an obligation for public sector bodies to create , digitise or adapt documents or render them machine - readable in a technology - neutral manner in order to comply with the request , nor shall it imply an obligation to provide extracts from documents where this would involve disproportionate effort , going beyond a simple operation . ’


### to facilitate re - use , public sector bodies should make documents available through machine readable formats and together with their metadata where possible and appropriate , in a format that ensures interoperability , e . g . by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community ### to facilitate re - use , public sector bodies should make documents available through technology - neutral machine readable formats and together with their metadata where possible and appropriate , in a format that ensures interoperability , e . g . by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community .


### directive 2003 / 98 / ec should therefore lay down a clear obligation for member states to make all generally available documents re - usable . as it constitutes a limitation to the intellectual property rights hold by the authors of the documents , the scope of such a link between the right of access and the right of use should be narrowed to what is strictly necessary to reach the objectives pursued by its introduction . in this respect , taking into account the union legislation and member states ' and union ' s international obligations , notably under the berne convention for the protection of literary and artistic works and the agreement on trade - related aspects of intellectual property rights , documents on which third parties hold intellectual property rights should be excluded from the scope of directive 2003 / 98 / ec . if a third party was the initial owner of a document held by libraries , museums and archives that is still protected by intellectual property rights , that document should , for the purpose of this directive , be considered as a document for which third parties hold intellectual property rights . ### directive 2003 / 98 / ec limits the intellectual property rights held by the authors of the documents . the scope of such a link between the right of access and the right of use should therefore be narrowed to what is strictly necessary to reach the objectives pursued by its introduction . in this respect , taking into account the union legislation and member states ' and union ' s international obligations , notably under the berne convention for the protection of literary and artistic works and the agreement on trade - related aspects of intellectual property rights , documents on which third parties hold intellectual property rights should be excluded from the scope of directive 2003 / 98 / ec . if a third party was the initial owner of a document held by libraries , museums and archives that is still protected by intellectual property rights , that document should , for the purpose of this directive , be considered as a document for which third parties hold intellectual property rights .


### the purpose of an egtc should be extended to cover the facilitating and promotion of territorial cooperation in general , including strategic planning and the management of regional and local concerns in line with cohesion and other union policies , thus contributing to the europe 2020 strategy or to the implementation of macro - regional strategies . in addition , it should be clarified that a given competence needed for the efficient implementation of an egtc should be represented by at least one member in each of the member states represented . ### the purpose of an egtc should be extended to cover the facilitating and promotion of territorial cooperation in general , including strategic planning and the management of regional and local concerns in line with cohesion and other union policies , thus contributing to the europe 2020 strategy or to the implementation of macro - regional strategies . an egtc should therefore be able to implement operations with financial support other than that provided by the union ' s cohesion policy . in addition , it should be clarified that a given competence needed for the efficient implementation of an egtc should be represented by every member in each of the member states represented unless the member state or third country approves participation where the member is not competent for all the tasks specified in the convention .


### article 7 is amended as follows : paragraphs 2 and 3 are replaced by the following : “2 . an egtc shall act within the confines of the tasks given to it , which shall be the facilitation and promotion of territorial cooperation to strengthen economic , social and territorial cohesion and be determined by its members on the basis that they fall within the competence under national law of at least one member from each member state represented in that egtc . 3 . an egtc may carry out specific actions of territorial cooperation between its members in pursuit of the objective referred to in article 1 , with or without a financial support from the union . specifically , the tasks of an egtc may concern the implementation of cooperation programmes or parts thereof or of operations supported by the union through the european regional development fund , the european social fund and / or the cohesion fund . member states may limit the actions that egtcs may carry out without a financial support from the union . however , member states shall not exclude those actions covered by the investment priorities under the cohesion policy of the union as adopted for the period 2014 - 2020 . ” ### article 7 is amended as follows : paragraphs 2 and 3 are replaced by the following : ' 2 . an egtc shall act within the confines of the tasks given to it , which shall be the facilitation and promotion of territorial cooperation to strengthen economic , social and territorial cohesion , overcoming internal market barriers , and be determined by its members so that they fall within the competence of every member , unless the member state or third country approves the participation of a member formed under its national law even where that member is not competent for all the tasks specified in the convention . 3 . an egtc may carry out specific actions of territorial cooperation between its members in pursuit of the objective referred to in article 1 , with or without a financial support from the union . primarily , the tasks of an egtc may concern the implementation of cooperation programmes or parts thereof or of operations supported by the union through the european regional development fund , the european social fund and / or the cohesion fund . member states may limit the tasks that egtcs may carry out without a financial support from the union . however , without prejudice to article 13 , member states shall not exclude those tasks concerning the investment priorities referred to in article 6 of regulation no . . . [ etc ] . '


### the objective of an egtc shall be to facilitate and promote territorial cooperation , including one or more of cross - border , transnational and interregional cooperation , between its members as set out in article 3 , with the aim of strengthening economic , social and territorial cohesion . ” ### the objective of an egtc shall be to facilitate and promote in particular territorial cooperation , including one or more of cross - border , transnational and interregional cooperation , between its members as set out in article 3 , with the aim of strengthening economic , social and territorial cohesion . '


### while point of article 3 of the egtc regulation allows that bodies established under private law may become members of an egtc provided that they are considered as being ‘ public law bodies’ in terms of article 1 of directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts , egtcs may be used in the future to manage jointly public services of general economic interest or infrastructures . other private or public law actors may therefore also become members of an egtc . consequently , ‘ public undertakings’ within the meaning of article 2 of directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors should be covered as well . ### while article 3 of the egtc regulation allows that bodies established under private law may become members of an egtc provided that they are considered as being ' public law bodies ' in terms of article 1 of directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts , egtcs may be used in the future to manage jointly public services with a particular focus on services of general economic interest or infrastructure . other private or public law actors may therefore also become members of an egtc . consequently , ' public undertakings ' within the meaning of article 2 of directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors , and , undertakings entrusted with the operation of services of general economic interest , in fields such as , education and training , of medical care , of social needs as regards health and long term care , childcare , access to and reintegration into the labour market , social housing and the care and social inclusion of vulnerable groups should be covered as well .


### “2 . the convention shall specify : the name of the egtc and its registered office ; the extent of the territory in which the egtc may execute its tasks ; the objective and the tasks of the egtc ; its duration and the conditions for its dissolution ; the list of its members ; the specific union or national law applicable to the interpretation and enforcement of the convention ; the arrangement for the involvement of members from third countries or overseas territories if appropriate ; the specific union or national law applicable to its activities , while the latter may be the law of the member state where statutory organs exercise their powers or where the egtc carries out its activities ; the rules applicable to the egtc ' s staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures ; in case of an egtc liabilitywith limited , the arrangements for liability of the members in accordance with article 12 ; the appropriate arrangements for mutual recognition , including for financial control of the management of public funds ; and the procedures for amending the convention , including compliance with the obligations set out in articles 4 and 5 . however , where an egtc is only managing a cooperation programme or part thereof under the cohesion policy of the european union , or where an egtc concerns interregional cooperation or networks , information under point is not required . the following rules shall apply to the egtc’s staff as referred to in point , those of the member state where the egtc has its registered office ; those of the member state where the egtc’s staff is actually located ; or those of the member state of which the staff member is a national . to allow equal treatment of all staff working at the same location , the national laws and rules , whether of public or private law , may be subject to additional ad hoc rules fixed by the egtc . ” ### “2 . the convention shall specify : the name of the egtc and its registered office ; the extent of the territory in which the egtc may execute its tasks ; the objective and the tasks of the egtc ; the duration of the egtc and the conditions for its dissolution ; the list of the egtc’s members ; the list of the egtc’s organs and their respective competences ; the applicable union law and national law of the member state where the egtc has its registered office for the purposes of interpretation and enforcement of the convention ; the applicable union and national law of the member state where the statutory organs of the egtc act ; the arrangement for the involvement of members from third countries or in octs if appropriate including the identification of applicable law where an egtc carries out tasks in third countries or in octs ; the applicable union and national law directly relevant to the egtc activities carried out under the tasks specified in the convention ; the rules applicable to the egtc ' s staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures ; the arrangements for liability of the egtc and its members in accordance with article 12 ; the appropriate arrangements for mutual recognition , including for financial control of the management of public funds ; and the procedures for adoption of the statutes and amendment of the convention , including compliance with the obligations set out in articles 4 and 5 . where the tasks of an egtc concern only the management of a cooperation programme or part thereof under regulation no . . . [ etc ] , or where an egtc concerns interregional cooperation or networks , information under paragraph 2 , point is not required . deleted


### article 12 is amended as follows : in paragraph 1 the following subparagraph is added : “an egtc shall be liable for all its debts . ' paragraph 2 is replaced by the following : ' 2 . notwithstanding paragraph 3 , to the extent that the assets of an egtc are insufficient to meet its liabilities , its members shall be liable for the debts of the egtc of whatever nature , each member ' s share being fixed in proportion to its financial contribution . the arrangements for financial contributions shall be fixed in the statutes . the members may provide in the statutes that they will be liable , after they have ceased to be members of an egtc , for obligations arising out of activities of the egtc during their membership . 2a . if the liability of at least one member of an egtc is limited or excluded as a result of the national law under which it is established , the other members may also limit their liability in the convention . the name of an egtc whose members have limited liability shall include the word ' limited ' . the requirements for the publicity of the convention , statutes and accounts of an egtc whose members have limited liability shall be at least equal to those required for other legal entities with limited liability of their members established under the laws of the member state where that egtc has its registered office . in case of an egtc whose members have limited liability , the member states may require that the egtc shall take appropriate insurance to cover the risks specific to the activities of the egtc . ” ### article 12 is amended as follows : in paragraph 1 the following subparagraph is added : ' an egtc shall be liable for all its debts . ' paragraph 2 is replaced by the following : ' 2 . without prejudice to paragraph 3 , to the extent that the assets of an egtc are insufficient to meet its liabilities , its members shall be liable for the debts of the egtc of whatever nature , each member ' s share being fixed in proportion to its financial contribution . the arrangements for financial contributions shall be fixed in the statutes . the members may provide in the statutes that they will be liable , after they have ceased to be members of an egtc , for obligations arising out of activities of the egtc during their membership . 2a . if the liability of at least one member of an egtc from a member state is limited as a result of the national law under which it is established , the other members may also limit their liability in the convention where the national law implementing this regulation enables them to do so . the name of an egtc whose members have limited liability shall include the word ' limited ' . the requirements for the publicity of the convention , statutes and accounts of an egtc whose members have limited liability shall be at least equal to that required for other legal entities with limited liability under the laws of the member state where that egtc has its registered office . in case of an egtc whose members have limited liability , any member state concerned may require that the egtc shall take appropriate insurance or that it shall be subject to a guarantee provided by a bank or other financial institution established in a member state or be covered by a facility provided as a guarantee by a public entity or by the member state to cover the risks specific to the activities of the egtc . '


### it should be clarified that the convention - and given the importance of this issue , not the statutes - should indicate the rules applicable to the egtc ' s staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures . several options should be available to the egtcs . however , the specific arrangements concerning personnel management and recruitment procedures should be addressed in the statutes . ### given their importance , it should be clarified that the convention , not the statutes , should indicate the rules applicable to the egtc ' s staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures . it should be possible to provide that different options as the choice of rules may be laid down in the convention . the specific arrangements concerning personnel management and recruitment procedures should be addressed in the statutes .


### ' 1 . an egtc and its acts and activities shall be governed by the following : this regulation and , where applicable , other union law concerning activities of the egtc ; where expressly authorised by this regulation , the provisions of the convention referred to in article 8 ; in the case of matters not , or only partly , regulated by this regulation , the law of the member state where the egtc has its registered office or , where allowed under this regulation , the law of the member state where statutory organs exercise their powers or where the egtc carries out its activities . an egtc shall be considered to be an entity of the member state where it has its registered office for the purposes of determining the applicable law . ” ### ' 1 . the acts of the statutory organs of an egtc shall be governed by the following : this regulation ; the convention referred to in article 8 , when it is expressly authorised by this regulation ; and , in the case of matters not , or only partly , regulated by this regulation , the national law of the member state where the registered office of the egtc is located . ' an egtc shall be considered to be an entity of the member state where it has its registered office where it is necessary to determine the applicable law under union or private international law .


### experience with egtcs set up so far shows that the new legal instrument is also being used for cooperation in the implementation of other european policies . the efficiency and effectiveness of egtcs should be enhanced by broadening the nature of egtcs . ### experience with egtcs set up so far shows that the new legal instrument is also being used for cooperation in the implementation of other policies of the union , including by implementing programmes or parts of programmes using eu financial support other than cohesion policy . the efficiency and effectiveness of egtcs should be enhanced by broadening the nature of egtcs , removing persisting barriers and facilitating the establishment and operations of egtcs while maintaining the member states’ possibility to limit the actions that egtc’s may carry out without the eu financial support . it is recalled that under regulation no 1083 / 2006 egtc ' s have in each member state the most extensive legal capacity , including also the possibility to conclude agreements with other egtcs or other legal entities for the purposes of carrying out joint cooperation projects to , inter alia , provide for more efficient operation of macro - regional strategies .


### – improve skills in inland navigation in order to safeguard the development and future of the profession , ### – improve skills in inland navigation and knowledge of logistics in order to safeguard the development and future of the profession ,


### users of electrical and electronic equipment from private households should have the possibility of returning weee at least free of charge . producers should finance at least the collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage producers to take full ownership of the weee collection in particular by financing the collection of weee throughout the whole waste chain , including from private households , in order to avoid leakage of separately collected weee to sub - optimal treatment and illegal exports , to create a level playing field by harmonising producer financing across the eu , to shift payment for the collection of this waste from general tax payers to the consumers of eees in line with the polluter pays principle . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers , existing on the market when the costs occur , contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants . ### users of electrical and electronic equipment from private households should have the possibility of returning weee at least free of charge . producers should therefore finance collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage all stakeholders handling weee to help achieve the objective of the directive in order to avoid leakage of separately collected weee to sub - optimal treatment and illegal exports . so that payment for the collection of this waste is shifted from general taxpayers to the consumers of eees in line with the polluter pays principle , member states should encourage producers to treat all weee collected . so that proper treatment is possible , consumers have responsibility for ensuring that end - of - life eee is taken to collection facilities . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers , existing on the market when the costs occur , contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants .


### ' electrical and electronic equipment ' or ' eee ' means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation , transfer and measurement of such currents and fields falling under the categories set out in annex i&#160 ; of directive 20xx / xx / ec and designed for use with a voltage rating not exceeding 1000 volt for alternating current and 1500 volt for direct current ; ### ' electrical and electronic equipment ' means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation , transfer and measurement of such currents and fields which is designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current ;


### users of electrical and electronic equipment from private households should have the possibility of returning weee at least free of charge . producers should finance at least the collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage producers to take full ownership of the weee collection in particular by financing the collection of weee throughout the whole waste chain , including from private households , in order to avoid leakage of separately collected weee to sub - optimal treatment and illegal exports , to create a level playing field by harmonising producer financing across the eu , to shift payment for the collection of this waste from general tax payers to the consumers of eee in line with the polluter pays principle . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers , existing on the market when the costs occur , contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants . ### users of electrical and electronic equipment from private households should have the possibility of returning weee at least free of charge . producers should therefore finance throughout the whole waste chain , including distributors , the collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage all stakeholders handling weee to help achieve the objective of the directive in order to avoid leakage of separately collected weee to sub - optimal treatment and illegal exports . in order to shift payment for the collection of this waste from general taxpayers to the consumers of eee in line with the polluter pays principle , member states should encourage producers to treat all weee collected . in order to facilitate proper treatment , consumers have the responsibility to ensure that end - of - life eee is taken to collection facilities . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers , existing on the market when the costs occur , contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants .


### weee exported out of the community in line with regulation no 1013 / 2006 on shipments of waste , and commission regulation no 1418 / 2007 of 29 november 2007 concerning the export for recovery of certain waste listed in annex iii or annex iiia to regulation no 1013 / 2006 of the european parliament and of the council to certain countries to which the oecd decision on the control of transboundary movements of wastes does not apply shall only count for the fulfilment of obligations and targets of article 11 of this directive if the exporter can prove that the treatment took place under conditions that are equivalent to the requirements of this directive . ### weee exported out of the community in line with regulation no 1013 / 2006 on shipments of waste , and commission regulation no 1418 / 2007 of 29 november 2007 concerning the export for recovery of certain waste listed in annex iii or annex iiia to regulation no 1013 / 2006 of the european parliament and of the council to certain countries to which the oecd decision on the control of transboundary movements of wastes does not apply shall only count for the fulfilment of obligations and targets of article 11 of this directive if the exporter can prove by submitting conclusive evidence , prior to shipment , that preparation for re - use , recycling and recovery takes place under conditions that are equivalent to the requirements of this directive . after preparation for re - use , recycling or recovery has taken place , compliance with those equivalent conditions shall be confirmed .


### in the absence of appropriate documentation required in point 1 and 3 and packaging , member state authorities shall presume that an item is hazardous weee and presume that the load comprises an illegal shipment . in these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with articles 24 and 25 of the waste shipment regulation . in the majority of cases those responsible for the shipment will have to take back the waste to the country of dispatch at their own expense and may be liable to a criminal sanction . in those member states where the burden is on the state authorities to prove the items are weee rather than electrical and electronic equipment , absence of the appropriate documentation and packaging is likely to lead to significant delays to the onward transport of the waste whilst the necessary investigations are carried out to establish the status of the items being shipped . ### in the absence of appropriate documentation required in point 1 and 3 and packaging , which it is the responsibility of the holder of an appliance intended for shipment to provide , member state authorities shall presume that an item is hazardous weee and presume that the load comprises an illegal shipment . in these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with articles 24 and 25 of the waste shipment regulation .


### by 31 december 2012 at the latest the european parliament and the council shall re - examine the collection rate and target date referred to in paragraph 1 also in view of setting a possible separate collection target for cooling and freezing equipment , on the basis of a report of the commission accompanied by a proposal , if appropriate . ### by 31 december 2012 at the latest the european parliament and the council shall re - examine the collection rate and target date referred to in paragraph 1 also in view of setting a possible separate collection target in particular for equipment containing ozone depleting substances or global warming substances such as cooling and freezing appliances , as well as for small appliances , and equipment containing mercury such as fluorescent lamps , on the basis of a report of the commission accompanied by a proposal , if appropriate .


### without prejudice to article 5 , member states shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 65% . the collection rate is calculated on the basis of the total weight of weee collected in accordance with articles 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the two preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 . ### without prejudice to article 5 , member states shall ensure that a minimum collection rate of 65% is achieved . the collection rate is calculated on the basis of the total weight of weee collected in accordance with articles 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the three preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 . from 2013 until the end of 2015 , member states shall ensure that an identically calculated minimum collection rate of 45% is achieved , which is to be fulfilled on a yearly basis .


### minimum monitoring requirements for shipments of weee ### minimum requirements for shipments of used eee suspected of being weee


### in order to attain the chosen level of protection and harmonised environmental objectives of the community , member states should adopt appropriate measures to minimise the disposal of weee as unsorted municipal waste and to achieve a high level of separate collection of weee . in order to ensure that member states strive to set up efficient collection schemes , they should be required to achieve a high level of collection of weee , particularly for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases , given their high environmental impact and in view of obligations contained in regulation 2037 / 2000 and regulation 842 / 2006 . data included in the impact assessment shows that 65% of electrical and electronic equipment placed on the market is already separately collected today , but more than half of this potentially leaks to improper treatment and illegal exports . this leads to losses of valuable secondary raw materials and environmental degradation . to avoid this , it is necessary to set an ambitious collection target . ### in order to attain the chosen level of protection and harmonised environmental objectives of the community , member states should adopt appropriate measures to minimise the disposal of weee as unsorted municipal waste and to achieve a high level of separate collection of weee . in order to ensure that member states strive to set up efficient collection schemes , they should be required to achieve a high level of collection of weee , particularly for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases , given their high environmental impact and in view of obligations contained in regulation 2037 / 2000 and regulation 842 / 2006 . data included in the impact assessment shows that 65% of electrical and electronic equipment placed on the market is already separately collected today , but more than half of this potentially leaks to improper treatment and illegal exports . this leads to losses of valuable secondary raw materials and environmental degradation . to avoid this , it is necessary to set an ambitious collection target . furthermore , it is of fundamental importance that member states ensure that the directive is monitored and effectively enforced , in particular as regards checks on used eee shipped out of the eu .


### in addition to the document requested in point 1 , every load of used electrical and electronic equipment should be accompanied by a : ### in addition to the documents requested in point 1 , every load of used electrical and electronic equipment shall be accompanied by a :


### without prejudice to article 5 , member states shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 65% . the collection rate is calculated on the basis of the total weight of weee collected in accordance with articles 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the two preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 . ### without prejudice to article 5 , member states shall ensure that , by 2016 , a minimum of 85% of the weee that is generated in the member state is collected . member states shall ensure that for 2012 at least 4kg / capita of weee is collected . member states shall ensure that the volume of weee collected is gradually increased during the years 2012 to 2016 . the collection targets shall be achieved annually . members states may , if practically motivated , set more ambitious individual targets and shall in such a case report this to the commission .


### without prejudice to article 5 , member states shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 65% . the collection rate is calculated on the basis of the total weight of weee collected in accordance with articles 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the two preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 . ### without prejudice to article&#160 ; 5 , member states shall ensure that a minimum collection rate of 85% is achieved . the collection rate is calculated on the basis of the total weight of weee , in each of the categories of equipment set out in annex&#160 ; i , collected in accordance with articles&#160 ; 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment , in each of the categories set out in annex&#160 ; i , placed on the market in the three preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 . from 2013 until the end of 2015 , member states shall ensure that an identically calculated minimum collection rate of 45% is achieved annually .


### this directive should cover all electrical and electronic equipment used by consumers and electrical and electronic equipment intended for professional use . this directive should apply without prejudice to community legislation on safety and health requirements protecting all actors in contact with weee as well as specific community waste management legislation , in particular directive 2006 / 66 / ec of the european parliament and of the council of 6 september 2006 on batteries and accumulators and waste batteries and accumulators , and community product design legislation , in particular directive 2005 / 32 / ec of the european parliament and of the council establishing a framework for the setting of ecodesign requirements for energy - using products and amending council directive 92 / 42 / eec and directives 96 / 57 / ec and 2000 / 55 / ec of the european parliament and of the council . ### this directive should cover all electrical and electronic equipment used by consumers and electrical and electronic equipment intended for professional use . this directive should apply without prejudice to community legislation on safety and health requirements protecting all actors in contact with weee as well as specific community waste management legislation , in particular directive 2006 / 66 / ec of the european parliament and of the council of 6 september 2006 on batteries and accumulators and waste batteries and accumulators , and community product design legislation , in particular directive 2005 / 32 / ec of the european parliament and of the council establishing a framework for the setting of ecodesign requirements for energy - using products and amending council directive 92 / 42 / eec and directives 96 / 57 / ec and 2000 / 55 / ec of the european parliament and of the council . fixed industrial large - scale installations , inter alia , should be excluded from the directive’s scope because they are permanently installed and operated at a particular location , are assembled and disassembled by specialist personnel and therefore represent a regulated waste stream . the same should apply to stationary large - scale industrial tools installed for operation at a specific location . mobile machinery operated exclusively by professional users should likewise be excluded because it too is disassembled and disposed of by specialist personnel and it therefore represents a regulated waste stream .


### member states shall ensure that all separately collected weee undergoes treatment . ### member states shall ensure that all separately collected weee undergoes treatment . the commission shall pursue the development of harmonised standards for the collection , treatment and recycling of weee , in particular by tasking the european committee for standardisation accordingly .


### member states shall adopt appropriate measures to minimise the disposal of weee in the form of&#160 ; unsorted municipal waste and to achieve a high level of separate collection of weee , notably , and as a matter of priority , for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases . ### to achieve a high level of separate collection of weee and correct treatment for all types of weee , notably the cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouses gases , mercury containing lamps , and small appliances , member states shall ensure that all weee is separately collected and not mixed with bulky or unsorted household waste , and that untreated weee is not sent to landfill or incineration .


### without prejudice to article 5 , member states shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 65% . the collection rate is calculated on the basis of the total weight of weee collected in accordance with articles 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the two preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 . ### without prejudice to article 5 , member states shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 40% in 2016 , increasing to 65% in 2020 . the collection rate is calculated on the basis of the total weight of weee collected in accordance with articles 5 and 6 in a given year in that member state , expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the three preceding years in that member state . this collection rate shall be achieved annually and starting in 2016 .


### ‘ weee from private households’ means weee which comes from private households and from commercial , industrial , institutional and other sources which , because of its nature and quantity , is similar to that from private households ; ### ‘ weee from private households’ means weee which comes from private households and from commercial , industrial , institutional and other sources which , because of its nature and quantity , is similar to that from private households , and weee which may be used as eee by both private households and users other than private households ;


### a common methodology shall be established for the calculation of the total weight of electrical and electronic equipment placed on the national market . ### by 2014 a common methodology shall be established to determine the volume of weee generated in each member state .


### ' electrical and electronic equipment ' or ' eee ' means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation , transfer and measurement of such currents and fields falling under the categories set out in annex i&#160 ; of directive 20xx / xx / ec and designed for use with a voltage rating not exceeding 1000 volt for alternating current and 1500 volt for direct current ; ### ' electrical and electronic equipment ' means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation , transfer and measurement of such currents and fields which is designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current ;


### the format for registration and reporting and the frequency of reporting shall be established . those measures designed to amend non - essential elements of this directive , by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 18 . ### the format for registration and reporting and the frequency of reporting shall be established . the format for registration and reporting shall include , at least , the following information : - the quantity of eee being placed on the national market , - the types of equipment , - the brands , - the categories , - the guarantee , where applicable . those measures designed to amend non - essential elements of this directive , by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 18 .


### by 31 december 2012 at the latest the european parliament and the council shall re - examine the collection rate and target date referred to in paragraph 1 also in view of setting a possible separate collection target for cooling and freezing equipment , on the basis of a report of the commission accompanied by a proposal , if appropriate . ### by 31 december 2012 at the latest the european parliament and the council shall re - examine the collection target and target date referred to in paragraph 1 also in view of setting possible separate collection targets in particular for equipment containing ozone depleting substances or global warming substances such as cooling and freezing appliances , as well as for small appliances , and equipment containing mercury such as fluorescent lamps , on the basis of a report of the commission accompanied by a proposal , if appropriate .