### within one month after the communication referred to in article 59 , and where the commission has serious doubts as to whether the draft measure would ensure the correct application of this regulation or would otherwise result in its inconsistent application , the commission may adopt a reasoned decision requiring the supervisory authority to suspend the adoption of the draft measure , taking into account the opinion issued by the european data protection board pursuant to article 58 or article 61 , where it appears necessary in order to : ### within one month after the communication referred to in article 59 , and where the commission has serious doubts as to whether the draft measure would ensure the correct application of this regulation , the commission may adopt a reasoned decision requiring the supervisory authority to suspend the adoption of the draft measure , taking into account the opinion issued by the european data protection board pursuant to article 58 or article 61 , where it appears necessary in order to :


### reconcile the diverging positions of the supervisory authority and the european data protection board , if this still appears to be possible ; or ### reconcile the widely diverging positions of the supervisory authority and the european data protection board , if this still appears to be possible ; or


### the commission shall specify the duration of the suspension which shall not exceed 12 months . ### the commission shall specify the duration of the suspension which shall not exceed 8 weeks .


### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects , in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the european data protection board and to the commission . ### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects , when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . this supervisory authority shall , without delay , communicate those measures , with full reasons , to the competent supervisory authority , the european data protection board , the commission and the controller or processor concerned .


### the european data protection board shall ensure the consistent application of this regulation . to this effect , the european data protection board shall , on its own initiative or at the request of the commission , in particular : ### the european data protection board shall ensure the consistent application of this regulation . to this effect , the european data protection board shall , on its own initiative , at the request of the european parliament , council or commission , in particular :


### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in any member state if they consider that the processing of personal data relating to them does not comply with this regulation . ### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in any member state if they consider that the processing of personal data relating to them does not comply with this regulation . this complaint must not inflict costs on the data subject .


### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in any member state if they consider that the processing of personal data relating to them does not comply with this regulation . ### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with the supervisory authority in the member state of his habitual residence or in the member state where the data controller has its main establishment ; if they consider that the processing of personal data relating to them does not comply with this regulation .


### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in any member state if they consider that the processing of personal data relating to them does not comply with this regulation . ### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in their member state of residence if they consider that the processing of personal data relating to them does not comply with this regulation , or that the rights accorded to them under the regulation have not been fully respected .


### proceedings against a controller or a processor shall be brought before the courts of the member state where the controller or processor has an establishment . alternatively , such proceedings may be brought before the courts of the member state where the data subject has its habitual residence , unless the controller is a public authority acting in the exercise of its public powers . ### proceedings against a controller or a processor shall be brought before the courts of the member state where the controller or processor has an establishment . alternatively , such proceedings may be brought before the courts of the member state where the data subject has its habitual residence , unless the controller is a public authority acting in the exercise of its public powers . the derogation in the second sentence shall not apply to a public authority of a third country .


### the administrative sanction shall be in each individual case effective , proportionate and dissuasive . the amount of the administrative fine shall be fixed with due regard to the nature , gravity and duration of the breach , the intentional or negligent character of the infringement , the degree of responsibility of the natural or legal person and of previous breaches by this person , the technical and organisational measures and procedures implemented pursuant to article 23 and the degree of co - operation with the supervisory authority in order to remedy the breach . ### the administrative sanction shall be in each individual case effective , proportionate , non discriminatory and dissuasive . the amount of the administrative fine shall be fixed with due regard to the nature , gravity and duration of the breach , the intentional or negligent character of the infringement , the particular category of personal data , the degree of harm or risk of harm created by the violation , the degree of responsibility of the natural or legal person and of previous breaches by this person , the technical and organisational measures and procedures implemented pursuant to article 23 and the degree of co - operation with the supervisory authority in order to remedy the breach . where appropriate , the data protection authority shall also be empowered to require that a data protection officer is appointed if the body , organisation or association has opted not to do so .


### in case of a first and non - intentional non - compliance with this regulation , a warning in writing may be given and no sanction imposed , where : ### in case of a first and non - intentional non - compliance with this regulation , a warning in writing shall be given and no sanction imposed , where :


### in case of a first and non - intentional non - compliance with this regulation , a warning in writing may be given and no sanction imposed , where : ### in case of a first and non - intentional non - compliance with this regulation , in the absence of any record of previous unappealable instances or where the record has been expunged , a warning in writing may be given and , in such an instance , no sanction imposed , with the sole exception of alternative corrective measures , which may only be imposed in the following cases and in the following form , where :


### an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities . ### an enterprise or an organisation is willing to cooperate with the supervisory authority for the introduction of corrective measures designed to avoid similar cases of non - compliance in future . cooperation in this area shall be governed by binding agreements with the supervisory authority . failure to collaborate with the duly accredited supervisory authority within six months from the beginning of the proceedings shall incur the fine which would originally have been imposed .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### without prejudice to this regulation , member states or collective agreement among employers and employees may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , criminal conviction , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### within the limits of this regulation , member states or collective agreement among employers and employees may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , criminal conviction , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### the delegation of power referred to in article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 8 , article 9 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 81 , article 82 and article 83 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### member states shall submit to the commission their low - carbon development strategy one year after the entry into force of this regulation or in accordance with any timetable agreed internationally in the context of the unfccc process . ### member states shall submit to the commission their low - carbon development strategy two years after the entry into force of this regulation or in accordance with any timetable agreed internationally in the context of the unfccc process .


### member states shall provide the commission by 15 march each year with : ### member states may provide the commission by 15 march each year with :


### member states shall report to the commission by 15 march each year national projections of anthropogenic greenhouse gas emissions by sources and removals by sinks , organised by gas and by sector . those projections shall include quantitative estimates for a sequence of 4 future years ending with 0 or 5 immediately following year x . national projections shall take into consideration any policies and measures adopted at union level and include : ### member states shall report once every two years to the commission by 15 march of the relevant year national projections of anthropogenic greenhouse gas emissions by sources and removals by sinks , organised by gas and by sector . those projections shall include quantitative estimates for a sequence of 4 future years ending with 0 or 5 immediately following year x . national projections shall take into consideration any policies and measures adopted at union level and include :


### member states shall report to the commission by 15 march each year , information on their implemented or planned actions to adapt to climate change , in particular , on national or regional adaptation strategies and on adaptation measures . this information shall include the budget allocation by policy sector and , for each adaptation measure , the main objective , the type of instrument , the status of implementation and the climate - change impact category . ### member states shall report once every two years to the commission by 15 march of the relevant year information on their implemented or planned actions to adapt to climate change , in particular , on national or regional adaptation strategies and on adaptation measures . this information shall include the budget allocation by policy sector and , for each adaptation measure , the main objective , the type of instrument , the status of implementation and the climate - change impact category .


### member states shall , based on the best data available , report to the commission by 15 march each year : ### member states shall , based on the best data available , once every two years report to the commission by 15 march of the relevant year :


### community financial measures referred to in articles 9 , 10 and 11 shall contribute to the objective of improving data collection , management and use and scientific advice on the state of the resources , the level of fishing , the impact that fisheries have on the resources and the marine eco - system and on the performance of the fishing industry , within and outside community waters , by providing financial support to the member states to establish multi - annual aggregated and science based datasets which incorporate biological , technical , environmental and socio - economic information . ' ### community financial measures referred to in articles 9 , 10 and 11 shall contribute to the objective of improving data collection , management and use and scientific advice on the state of the resources , the level of fishing , the impact that fisheries have on the resources and the marine eco - system , on the degree of commercial dependence on the union’s market for fisheries and aquaculture products and on the performance of the fishing industry , within and outside community waters , by providing financial support to the member states to establish multi - annual aggregated and science based datasets which incorporate biological , technical , environmental and socio - economic information . '


### &#8220 ; applications by member states for community financial measures shall be submitted to the commission by 31&#160 ; october prior to the year of implementation concerned . &#8221 ; ### &#8220 ; applications by member states for community financial measures shall be submitted to the commission by 15&#160 ; november prior to the year of implementation concerned . &#8221 ;


### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , and to enhancing the attractiveness of the research profession and to facilitating cross - border and cross - sector mobility of researchers . ### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , to enhancing the attractiveness of the research profession , to facilitating cross - border and cross - sector mobility of researchers and to achieving adequate technology non - dependence on a european level .


### research and innovation activities carried out under horizon 2020 shall have an exclusive focus on civil applications . ### research and innovation activities carried out under horizon 2020 shall focus on civil applications without excluding technologies with dual - use applications .


### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export ; ### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export . no second use of the authorisation may be granted until the conditions and stipulations pertaining to the ' low - value shipments ' export authorisation have been verified by the relevant authorities ;


### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol significantly expands the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources . ### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol further details the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources .


### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation . ### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all the users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation .


### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation . ### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . this is the case in particular for subsequent users where the due diligence obligation should only apply in the case such users access and use genetic resources in the form as originally accessed by the initial user . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation .


### this regulation establishes rules governing access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources , in accordance with the provisions of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on biological diversity . ### this regulation establishes rules governing compliance with access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources , in accordance with the provisions of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on biological diversity .


### the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources ; ### the source from which the resources or the knowledge were directly obtained ;


### access decisions and mutually agreed terms , where applicable ; ### access permits and mutually agreed terms , where applicable ;


### obtain a proper access permit , establish mutually agreed terms , or discontinue the use where it appears that access was not in accordance with applicable access and benefit - sharing legislation or regulatory requirements . ### obtain a proper access permit and establish mutually agreed terms where it appears that access was not in accordance with applicable access and benefit - sharing legislation or regulatory requirements .


### the checks referred to in paragraph 1 of this article shall be conducted in accordance with a periodically reviewed plan following a risk - based approach . when developing this risk - based approach , member states shall consider that the implementation by a user of a best practice recognised under article 8 of this regulation or under article 20 of the nagoya protocol reduces that user ' s risk of non - compliance . ### the checks referred to in paragraph 1 of this article shall be conducted in accordance with a periodically reviewed plan following a risk - based approach , of which the key principles shall be laid down by the commission in accordance with the procedure referred to in article 15 . such an approach shall take into account that the implementation by a user of a best practice recognised under article 8 of this regulation or under article 20 of the nagoya protocol reduces that user ' s risk of non - compliance .


### the checks referred to in paragraph 1 shall include at least : ### the checks referred to in paragraph 1 shall include :


### the competent authorities shall exchange information on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission . ### the competent authorities shall exchange information on the organization of their checking system for monitoring user compliance with this regulation and on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission .


### a union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established . ### a union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established . member states which envisage adopting access rules as regards their genetic resources shall first conduct an impact assessment of these rules and submit the result of this assessment to the union platform for consideration pursuant to the procedure laid down in paragraph 5 of this article .


### the union platform shall contribute to the streamlining of access conditions at union level by discussing related issues , including the design and performances of access regimes established in member states , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . ### the union platform shall contribute to the streamlining of access conditions at union level by discussing related issues , including the design and performances of access regimes established in member states , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . in particular , the platform should advocate that where competent authorities leave requests for access unanswered , the due diligence obligation shall be deemed to be fulfilled and access should be without any further obligations .


### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources . ### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for specific sectors , public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and the possible existence of bilateral agreements on migration between that country and one or more member states , according to international law . after this analysis , intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 .


### upon detection , the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and , pending further measures , it shall be surveyed at a prudent distance . the participating units shall communicate information about the ship immediately to the international coordination centre . ### upon detection , the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and , pending further measures , it shall be surveyed at a prudent distance taking all due precautions . the participating units shall communicate information about the ship immediately to the international coordination centre .


### where the ship is about to enter or it has entered the territorial sea or the contiguous zone of a member state that is not participating in the sea operation , the participating units shall communicate information about the ship to the international coordination centre , which shall convey this information to the national coordination centre of the member state concerned . ### where the ship is about to enter or it has entered the territorial sea or , where formally proclaimed , the contiguous zone of a member state that is not participating in the sea operation , the participating units shall communicate information about the ship to the international coordination centre , which shall convey this information to the national coordination centre of the member state concerned


### requesting information and documentation on ownership , registration and elements relating to the voyage , and on the identity , nationality and other relevant data on persons on board ; ### requesting information and documentation on ownership , registration , provenance , point of departure and other elements relating to the voyage , and on the identity , nationality and other relevant data on persons on board ;


### ordering the ship to modify its course outside of or towards a destination other than the territorial sea or the contiguous zone , including escorting the vessel or steaming nearby until the ship is heading on such course ; ### ordering the ship to modify its course outside of or towards a destination other than the territorial sea or , where formally proclaimed , the contiguous zone , including escorting the vessel or steaming nearby until the ship is heading on such course ;


### in the zone contiguous to the territorial sea of a member state , which is a host member state or a participating member state , the measures laid down in article 6 shall be taken in accordance with article 6 . ### in the formally proclaimed zone contiguous to the territorial sea of a member state , which is a host member state or a participating member state , the measures laid down in article 6 shall be taken in accordance with article 6 .


### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should under these particular circumstances grant partial access . however , in case of overriding reasons of general interest , such as in the case of a doctor of medicine or other health professionals , a member state should be able to refuse partial access . ### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should under these particular circumstances grant partial access . however , in case of overriding reasons of general interest a member state should be able to refuse partial access . partial access should not be granted to health professionals whose work has implications for patient safety .


### the nursing and midwifery professions have significantly evolved in the last three decades : community - based healthcare , the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses and midwives . in order to prepare them to meet such complex healthcare needs , nursing and midwifery students need to have a solid general education background before they start the training . therefore , admission to that training should be increased to twelve years of general education or success in an examination of an equivalent level . ### the nursing and midwifery professions have significantly evolved in the last three decades : community - based healthcare , the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses and midwives . in order to prepare them to meet such complex healthcare needs , nursing and midwifery students must continue to have a solid general education background before they start the training ; the decisive factor , however , is the quality and content of training , which must constantly be brought into line with the new challenges facing these professions .


### directive 2005 / 36 / ec already provides for clear obligations for professionals to have the necessary language skills . the review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients ' safety . language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host member state . ### directive 2005 / 36 / ec already provides for obligations for professionals to have the necessary language skills . the review of that obligation has shown a need to define these language requirements more precisely and to clarify the role of competent authorities and employers notably in the interest of patients ' safety . in the case of occupations which have implications for patients , for example patient safety and treatment and the provision of services and information to patients , it is essential to test language knowledge before authorising a person to practise . knowledge of the official language of the language area where the professional wishes to work is a conditio sine qua non here . level c1 of the european framework of reference for languages should be taken as a minimum standard for this purpose .


### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . ### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights .


### ' european professional card ' : an electronic certificate issued to the professional proving the recognition of his qualifications for establishment in a host member state or that he has met all the necessary conditions to provide services in a host member state on a temporary and occasional basis ; ### ' european professional card ' : an electronic certificate issued at the request of the professional association to the professional documenting his qualifications either for establishment in a host member state or to provide services in a host member state on a temporary and occasional basis ;


### where the holder of a qualification intends to provide services under title ii other than those covered by article 7 , the european professional card shall be created and validated by the competent authority of the home member state in accordance with articles 4b and 4c . ### where the holder of a qualification intends to provide services under title ii other than those covered by article 7 , the european professional card shall be created by the competent authority of the home member state in accordance with articles 4b and 4c and validated by the host member state .


### member states shall designate competent authorities for issuing european professional cards . those authorities shall ensure an impartial , objective and timely processing of applications for european professional cards . the assistance centers referred to in article 57b may also act in the capacity of a competent authority to issue a european professional card . member states shall ensure that competent authorities inform citizens , including prospective applicants , on the advantages of a european professional card where it is available . ### member states shall designate competent authorities for issuing european professional cards . those authorities shall ensure an impartial , objective and timely processing of applications for european professional cards . member states shall ensure that competent authorities inform citizens , including prospective applicants , on the advantages of a european professional card where it is available .


### any fees which applicants may incur in relation to administrative procedures to issue a european professional card shall be reasonable , proportionate and commensurate with the costs incurred by the home and host member states and shall not act as a disincentive to apply for a european professional card . the commission shall be empowered to adopt delegated acts in accordance with article 58a concerning the setting of criteria for the calculation and distribution of fees . ### any fees which applicants may incur in relation to administrative procedures to issue a european professional card shall be reasonable , proportionate and commensurate with the costs incurred by the home and host member states and shall not act as a disincentive to apply for a european professional card .


### the member states shall provide that a holder of a professional qualification may apply for a european professional card by any means , including through an on - line tool , with the competent authority of the home member state . ### the member states shall provide that a holder of a professional qualification may submit an application for a european professional card in written or electronic form , in accordance with article 57 .


### applications shall be supported by the documentation required by article 7 and annex vii as appropriate . the commission shall be empowered to adopt delegated acts in accordance with article 58a concerning the establishment of the details of the documentation . ### applications shall be supported by the documentation required by article 7 and annex vii as appropriate . in case of justified doubts , the host member state may ask for the original documents to be forwarded .


### the commission may adopt implementing acts specifying the technical specifications , the measures necessary to ensure integrity , confidentiality and accuracy of information contained in the european professional card and in the imi file , the conditions and the procedures for making available a european professional card to its holder , including the possibility of downloading it or submitting updates for the file . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### the commission may adopt implementing acts specifying the technical specifications , the measures necessary to ensure integrity , confidentiality and accuracy of information contained in the european professional card and in the imi file , the conditions and the procedures for making available a european professional card to its holder . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


### the decision of the home member state , or the absence of a decision within the period of two weeks referred to in paragraph 1 , shall be subject to appeal under national law . ### the decision of the host member state , or the absence of a decision within the period of four weeks referred to in paragraph 1 , shall be subject to appeal under national law .


### in the cases referred to in article 16 , 21 and 49a , a host member state shall decide on validation of a european professional card under paragraph 1 within one month as from the date of receipt of the european professional card transmitted by the home member state . in case of justified doubts , the host member state may request additional information from the home member state . that request shall not suspend the period of one month . ### in the cases referred to in article 16 , 21 and 49a , a host member state shall decide on validation of a european professional card under paragraph 1 within eight weeks as from the date of receipt of the european professional card transmitted by the home member state . in case of justified doubts , the host member state may request additional information from the home member state . that request shall not suspend the period of eight weeks .


### in the cases referred to in articles 7 and 14 , a host member state shall decide on whether to recognise the holder ' s qualifications or to subject him to compensation measures within two months from the date of receipt for validation of the european professional card transmitted by the home member state . in case of justified doubts , the host member state may request additional information from the home member state . that request shall not suspend the period of two months . ### in the cases referred to in articles 7 and 14 , a host member state shall decide on whether to recognise the holder ' s qualifications or to subject him to compensation measures within 12 weeks from the date of receipt of the european professional card transmitted by the home member state . in case of justified doubts , the host member state may request additional information from the home member state . that request shall not suspend the period of 12 weeks .


### access to the information in the imi file shall be limited to the competent authorities of the home and the host member state and the holder of the european professional card in accordance with directive 95 / 46 / ec of the european parliament and of the council . ### access to the information in the imi file shall be limited to the competent authorities of the home and the host member state in accordance with directive 95 / 46 / ec of the european parliament and of the council .


### the information included in the european professional card shall be limited to the information that is necessary to ascertain its holder ' s right to exercise the profession for which it has been issued , in particular name , surname , date and place of birth , profession , applicable regime , competent authorities involved , card number , security features and reference to a valid proof of identity . ### the information included in the european professional card shall be limited to the information that is necessary to ascertain its holder ' s right to exercise the profession for which it has been issued , in particular name , surname , date and place of birth , profession , evidence of formal qualifications , evidence of professional experience , applicable regime , competent authorities involved , card number , security features and reference to a valid proof of identity .


### member states shall provide that employers , customers , patients and other interested parties may verify the authenticity and validity of a european professional card presented to them by the card holder without prejudice to paragraphs 2 and 3 . the commission shall adopt implementing acts specifying the conditions of access to the imi file , the technical means and the procedures for the verification referred to in the first subparagraph . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### member states shall provide that employers , customers , patients and other interested parties may verify the authenticity and validity of a european professional card presented to them by the card holder without prejudice to paragraphs 2 and 3 . the commission shall adopt implementing acts specifying the conditions of access to the imi file , the technical means and the procedures for the verification referred to in the first subparagraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


### by derogation to paragraphs 1 and 2 of this article , the competent authority of the host member state may refuse access to and pursuit of the profession to holders of an attestation of competence where the national qualification required to exercise the profession on its territory is classified under points or of article 11 . ### by derogation to paragraphs 1 and 2 of this article , the competent authority of the host member state may refuse access to and pursuit of the profession to holders of an attestation of competence where the national qualification required to exercise the profession on its territory is classified under points , or of article 11 .


### basic medical training shall comprise a total of at least five years of study , which may also be expressed with the equivalent ects credits , and shall consist of at least 5500 hours of theoretical and practical training provided by , or under the supervision of , a university . ### basic medical training shall comprise a total of at least six years of study , and shall consist of at least 5500 hours of actual theoretical training at a university and practical training provided by a university or under the supervision of a university at a non - university hospital . at least 5500 hours of actual training shall not include any components such as private study , examinations or writing of a thesis .


### member states shall recognise evidence of formal qualifications in nursing awarded in poland , to nurses who completed training before 1 may 2004 , which did not comply with the minimum training requirements laid down in article 31 , attested by the diploma “bachelor” which has been obtained on the basis of a special upgrading programme contained in article 11 of the act of 20 april 2004 on the amendment of the act on professions of nurse and midwife and on some other legal acts , and the regulation of the minister of health of 12 april 2010 amending the regulation of the minister of health of 11 may 2004 on the detailed conditions of delivering studies for nurses and midwives , who hold a certificate of secondary school and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife , with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which , in the case of poland , are defined in point 5 . 2 . 2 . of annex v . ### member states shall recognise evidence of formal qualifications in nursing awarded in poland , to nurses who completed training before 1 may 2004 , which did not comply with the minimum training requirements laid down in article 31 , attested by the diploma ' bachelor ' which has been obtained on the basis of a special upgrading programme contained in article 11 of the act of 20 april 2004 on the amendment of the act on professions of nurse and midwife and on some other legal acts , and the regulation of the minister of health of 11 may 2004 on the detailed conditions of delivering studies for nurses and midwives , who hold a certificate of secondary school and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife , replaced by article 55 . 2 of the act of 15 july 2011 on professions of nurse and midwife , and the regulation of the minister of health of 14 june 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school and are graduates of a medical secondary school or a post - secondary teaching in a profession of a nurse and a midwife , with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which , in the case of poland , are defined in annex v , point 5 . 2 . 2 .


### basic dental training shall comprise a total of at least five years of full - time theoretical and practical study , which may also be expressed with the equivalent ects credits , comprising at least the programme described in annex v , point 5 . 3 . 1 and given in a university , in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university . ### basic dental training shall last a total of at least five years and comprise at least 5000 hours of full - time theoretical and practical study , which may also be expressed as an additional criterion with the equivalent ects credits , comprising at least the programme described in annex v , point 5 . 3 . 1 and given in a university or in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university .


### the training of veterinary surgeons shall comprise a total of at least five years of full - time theoretical and practical study , which may also be expressed with the equivalent ects credits , at a university or at a higher institute providing training recognized as being of an equivalent level , or under the supervision of a university , covering at least the study programme referred to in annex v , point 5 . 4 . 1 . ### the training of veterinary surgeons shall comprise a total of at least five years of full - time theoretical and practical study , which may also be expressed as an additional criterion with the equivalent ects credits , at a university or at a higher institute providing training recognized as being of an equivalent level , or under the supervision of a university , covering at least the study programme referred to in annex v , point 5 . 4 . 1 .


### completion of at least the 12 years of general school education or a certificate attesting success in an examination , of an equivalent level , for admission to a midwifery school for route i ; ### completion of at least the 10 years of general school education or a certificate attesting success in an examination , of an equivalent level , for admission to a midwifery school for route i . this provision shall be without prejudice to the right of member states to set a longer period of general education as a criterion governing admission to training .


### evidence of formal qualifications as a pharmacist shall attest to training of at least five years ' duration , which may also be expressed with the equivalent ects credits , including at least : ### evidence of formal qualifications as a pharmacist shall attest to training of at least five years ' duration , which may also be expressed as an additional criterion with the equivalent ects credits , including at least :


### at the end of the theoretical and practical training , a six - month traineeship in a pharmacy which is open to the public or in a hospital under the supervision of that hospital ' s pharmaceutical department . ### during or at the end of the theoretical and practical training , a six - month traineeship in a pharmacy which is open to the public or in a hospital under the supervision of that hospital ' s pharmaceutical department .


### the common set of knowledge , skills and competences combines the knowledge , skills and competences defined in the systems of education and training applicable in at least one third of all member states ; ### the common set of knowledge , skills and competences combines the knowledge , skills and competences defined in the systems of education and training applicable in at least one third of all member states ; if the profession in question is already regulated in a member state by a dual training system as defined in article 3 , the common training framework should provide for training in a dual system whilst retaining existing standards ;


### the profession concerned is neither covered by another common training framework nor regulated already under chapter iii of title iii ; ### the profession concerned is neither covered by another common training framework nor regulated already under chapter ii or chapter iii of title iii ;


### the commission shall be empowered to adopt delegated acts in accordance with article 58a specifying the common set of knowledge , skills and competences as well as the qualifications on the common training framework . ### the commission shall be empowered to adopt delegated acts in accordance with article 58a specifying the common set of knowledge , skills and competences as well as the qualifications on the common training framework . the degree of detail shall not exceed that of the minimum training requirements laid down in chapter iii of title iii .


### a member state may request a derogation from the application of common training framework referred to in paragraph 3 on its territory if it were otherwise compelled to introduce a new regulated profession in its territory , if it were required to amend existing fundamental domestic principles relating to the structure of professions as regards training and the conditions of access to such professions or if the member state does not wish to relate its national qualifications system to the qualifications set out in that common training framework . the commission may adopt an implementing decision , in order to grant such derogation to the member states concerned . ### within six months following the entry into force of the delegated act referred to in paragraph 3 , a member state may inform the commission that it does not wish to apply the common training framework referred to in paragraph 3 on its territory . it may do so if it were otherwise compelled to introduce a new regulated profession in its territory , if it were required to amend existing fundamental domestic principles relating to the structure of professions as regards training and the conditions of access to such professions or if the member state does not wish to relate its national qualifications system to the qualifications set out in that common training framework .


### doctor of medicine of general practice possessing evidence of a formal qualification referred to in point 5 . 1 . 4 of annex v ; ### doctors possessing evidence of a formal qualification referred to in points 5 . 1 . 1 , 5 . 1 . 3 and 5 . 1 . 4 of annex v ;


### the protection of the interests of the members of collecting societies , rightholders and third parties requires that the laws of the member states related to copyright management and multi - territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the union . accordingly , the directive is based on article 50 of the treaty . ### the protection of the interests of the members of collecting societies , rightholders and third parties requires that the laws of the member states related to copyright management and multi - territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the union .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to receive services for collective management of copyright and related rights across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies’ general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed . ### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies’ general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . as the collective management of rights by collecting societies is not a profit - making activity , these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration , and avoids any exposure to risk of rights revenue . this should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed .


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


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


### ' director ' means any individual managing director , any member of the administrative board , the management or the supervisory board of a collecting society ; ### ' director ' means any individual managing director , or person with management responsibilities within the society that actually manages the activities of a collecting society ;


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


### ' multi - territorial licence ' means a licence which covers the territory of more than one member state ; ### ' multi - territorial licence ' means a licence for an online music service which covers the territory of more than one member state ;


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collecting societies act in the collective best interest of their members and do not impose on rightholders whose rights they manage as trustees any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders provided they allow the collecting societies sufficient discretion to negotiate with rights users .


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### according to the rules collectively decided at the general assembly , rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder .


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


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form with the exception of models of non - voluntary collective management .


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society who are rightholders and to the other collecting societies a list of works and other subject matter for which one or more rightholders have not been identified or located .


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


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall ensure that competent authorities have the power to impose appropriate sanctions and to take appropriate measures where the provisions of national law adopted in the implementation of this directive have not been complied with . these sanctions and measures shall be effective , proportionate and dissuasive .


### on the basis of the common strategic framework adopted by the commission , each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds . ### on the basis of the common strategic framework , each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract based on its national reform programme . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds .


### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes . in cases where there is a failure to fulfil an ex ante conditionality , the commission should have the power to suspend payments to the programme . ### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities and criteria for their fulfilment should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . such ex ante conditionalities should be relevant to the effectiveness of the contribution of the funds in the applicable cases of investment . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes , taking due account of the previous experience and the situation in the member state concerned . in cases where there is a failure to fulfil an ex ante conditionality , the commission should have the power to suspend payments to the programme .


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ‘ european territorial cooperation’ programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the performance framework should include ambitious but realistic targets and milestones and should take due account of the particular circumstances and the nature of the interventions foreseen by the member state . the commission should undertake a performance review in cooperation with the member states twice during the programme period , in the years to be mutually agreed by the member state and the commission . a performance reserve should be foreseen and allocated in the year of the mutually agreed by member state and the commission where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . the commission should take account of any changes in economic and social circumstances that might affect the achievement of milestones or targets .


### in order to strengthen the focus on results and achievement of the europe 2020 objectives and targets , five per cent of the resources for the ‘ investment for growth and jobs’ goal should be set aside as a performance reserve for each fund , and category of region in each member state . ### in order to strengthen the focus on results and achievement of the europe 2020 objectives and targets , 0 . 1 per cent of the resources for the ' investment for growth and jobs ' goal should be set aside as a performance reserve for each fund , and category of region in each member state .


### it is important to bring the achievements of the union ' s funds to the attention of the general public . citizens have the right to know how the union ' s financial resources are invested . the responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries . to ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to cover the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation . ### it is important to bring the achievements of the union ' s funds to the attention of the general public . citizens have the right to know how the union ' s financial resources are invested . the responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries , but especially with the commission . new technology makes it possible to publish in a graphic manner on a single centralised website financial flows for each country and the results achieved thereby . to ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to cover the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation .


### for the purpose of ensuring a wide dissemination of information about the achievements of the funds and the role of the union therein and to inform potential beneficiaries about funding opportunities , detailed rules about information and communication measures , as well as certain technical characteristics of such measures , should be defined in this regulation . ### for the purpose of ensuring a wide dissemination of information about the achievements of the funds and the role of the union therein and , in particular via the organisations representing the various stakeholders , to inform potential beneficiaries about funding opportunities , detailed rules about information and communication measures , as well as certain technical characteristics of such measures , should be defined in this regulation .


### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership , the adoption of a common strategic framework , additional rules on the allocation of the performance reserve , the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of additional rules on the allocation of the performance reserve , the indicative definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the mutually agreed partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections .


### ‘ state aid’ means aid falling under article 107 of the treaty which shall be deemed for the purposes of this regulation also to include de minimis aid within the meaning of commission regulation no 1998 / 2006 of 15 december 2006 on the application of articles 87 and 88 of the treaty to de minimis aid , commission regulation no 1535 / 2007 of 20 december 2007 on the application of articles 87 and 88 of the ec treaty to de minimis aid in the sector of agricultural production and commission regulation no 875 / 2007 of 24 july 2007 on the application of articles 87 and 88 of the ec treaty to de minimis aid in the fisheries sector and amending regulation no 1860 / 2004 ; ### ‘ state aid’ means aid falling under article 107 of the treaty which shall be deemed for the purposes of this regulation also to include de minimis aid within the meaning of commission regulation no 1998 / 2006 of 15 december 2006 on the application of articles 87 and 88 of the treaty to de minimis aid , commission regulation no 1535 / 2007 of 20 december 2007 on the application of articles 87 and 88 of the ec treaty to de minimis aid in the sector of agricultural production and commission regulation no 875 / 2007 of 24 july 2007 on the application of articles 87 and 88 of the ec treaty to de minimis aid in the fisheries sector and amending regulation no 1860 / 2004 , commission regulation no 360 / 2012 of 25 april 2012 on the application of articles 107 and 108 of the treaty on the functioning of the european union to de minimis aid granted to undertakings providing services of general economic interest1 , as well as aid in the form of public services granted to certain undertakings entrusted with the operation of services of general economic interest within the meaning of the commission decision of 20 december 2011 on the application of article 106 of the treaty on the functioning of the european union to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest2 . 1 oj l 114 , 26 . 4 . 2012 , p . 8 . 2 oj l 7 , 11 . 1 . 2012 , p . 3 .


### ‘ partnership contract’ means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach , which sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , and which is approved by the commission following assessment and dialogue with the member state ; ### ' partnership contract ' means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach , which , taking account of its national reform programme , sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , and which is approved by the commission following assessment and dialogue with the member state ;


### the commission and the member states shall carry out their respective roles in relation to the csf funds with the aim of reducing the administrative burden for beneficiaries . ### the commission and the member states shall carry out their respective roles in relation to the csf funds with the aim of reducing the administrative burden for beneficiaries , for national , regional and local public authorities and bodies acting at different levels of administration as managing authorities .