### it is imperative that contracting authorities / entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price . therefore contracting authorities / entities should be able to set aside measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority / entity to safeguard essential public needs for example health and public safety , or application of the measure would lead to a disproportionate increase in the price or costs of the contract . ### it is imperative that contracting authorities / entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price . therefore contracting authorities / entities should be able to set aside measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority / entity to safeguard essential public needs , for example health and public safety .


### treatment of covered and non - covered goods and services , abnormally low tenders ### treatment of covered and non - covered goods and services ,


### treatment of covered goods and services ### general provisions


### empowerment of contracting authorities / entities to exclude tenders comprising non - covered goods and services ### exclusion of tenders comprising non - covered goods and services


### where contracting authorities / entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason , they shall notify the commission . during the notification procedure the contracting authority / entity may continue its analysis of the tenders . ### where contracting authorities / entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason , they shall notify the commission within one week . during the notification procedure the contracting authority / entity may continue its analysis of the tenders .


### when it is found as a result of an investigation that restrictive procurement measures are maintained by a third country and the commission considers it to be justified by the eu interest , the commission shall invite it to enter into consultations with a view to ensuring that union economic operators , goods and services can participate in tendering procedures for the award of public procurement contracts in that country on the conditions no less favourable than those accorded to national economic operators , goods and services of that country and also with a view also to ensuring the application of the principles of transparency and equal treatment . ### when it is found as a result of an investigation that restrictive procurement measures are maintained by a third country , the commission shall invite it to enter into consultations with a view to ensuring that union economic operators , goods and services can participate in tendering procedures for the award of public procurement contracts in that country on the conditions no less favourable than those accorded to national economic operators , goods and services of that country and also with a view also to ensuring the application of the principles of transparency and equal treatment .


### where the remedial / corrective measures taken by the third country concerned are rescinded , suspended or improperly implemented , the commission may : ### where the remedial / corrective measures taken by the third country concerned are rescinded , suspended or improperly implemented , the commission shall :


### where , after the initiation of a consultation , it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement , negotiations shall be carried out in accordance with the provisions of articles 207 and 218 of the treaty on the functioning of the european union . if a country has engaged in substantive negotiations with the european union concerning market access in the field of public procurement , the commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to article 6 . ### where , after the initiation of a consultation , it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement , negotiations shall be carried out in accordance with the provisions of articles 207 and 218 of the treaty on the functioning of the european union . if a country has substantially expanded and facilitated access to its public procurement market for tenderers from the eu , the commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to article 6 .


### in the event that a consultation with a third country does not lead to satisfactory results within 15 months from the day the consultation with the third country started , the commission shall terminate the consultation and consider acting under article 10 to adopt implementing acts to limit the access of goods and services originating in a third country . ### in the event that a consultation with a third country does not lead to satisfactory results within 12 months from the day the consultation with the third country started , the commission shall terminate the consultation and consider acting under article 10 to adopt implementing acts to limit the access of goods and services originating in a third country .


### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 . ### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6b , the commission shall adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 .


### where the commission considers that the reasons justifying the measures adopted pursuant to articles 9 and 10 no longer apply , the commission may adopt an implementing act to : ### after verifying that the reasons justifying the measures adopted pursuant to articles 9 and 10 no longer apply , the commission shall adopt an implementing act to :


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . where non - financial counterparties which are not subject to the clearing obligation conclude otc derivative contracts with other financial or non - financial counterparties , a clearing obligation shall not be triggered .


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### there shall be no clearing obligation upon either of the counterparties if at least one of them is a non - financial counterparty which is below the clearing threshold as referred to in article 7 .


### before taking a decision , esma shall conduct a public consultation and , where appropriate , consult with the competent authorities of third countries . ### before taking a decision , esma shall conduct a public consultation and consult with the competent european and third country authorities responsible for specific trading markets . their expert opinion shall be taken into account before taking the decision on the eligibility of a class of derivatives for the clearing obligation referred to in article 3 .


### esma shall , on its own initiative and in consultation with the european systemic risk board , identify and notify to the commission the classes of derivatives contracts that should be included in its public register , but for which no ccp has yet received authorisation . ### esma shall , on its own initiative and in consultation with the european systemic risk board , as well as following consultation with the competent european and third country authorities responsible for specific trading markets , identify and notify to the commission the classes of derivatives contracts that should be included in its public register , but for which no ccp has yet received authorisation . all


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes net positions and exposures in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 during a period of 90 consecutive days , it shall be subject to the clearing obligation set out in article 3 with regard to all eligible otc derivative contracts and notify the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec thereof .


### financial counterparties or the non - financial counterparties referred to in article 7 , that enter into an otc derivative contract not cleared by a ccp , shall ensure that appropriate procedures and arrangements are in place to measure , monitor and mitigate operational and credit risk , including at least : ### financial counterparties or the non - financial counterparties referred to in article 7 , that enter into an otc derivative contract not cleared by a ccp , shall ensure that appropriate procedures and arrangements are in place to measure , monitor and mitigate operational and credit risk , including in particular :


### by the same date , the commission shall , in coordination with esma and the relevant sectoral authorities , assess the systemic importance of the transactions of non - financial firms in otc derivatives . ### by the same date , the commission shall , in coordination with esma and the relevant sectoral authorities , assess the systemic importance of the transactions of non - financial firms in otc derivatives and shall submit a report to the european parliament and the council , together with any proposals on the continued appropriateness of , or amendments to , the clearing obligation under article 7 for non - financial firms .


### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning marking and identification of fishing vessels , gear and crafts , as regards : ### the commission may lay down rules by means of implementing acts in accordance with the examination procedure referred to in article 119 concerning marking and identification of fishing vessels , gear and crafts , as regards :


### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning : ### the commission may adopt measures by means of implementing acts in accordance with the examination procedure laid down in article 119 concerning :


### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning : ### the commission shall be empowered to adopt detailed rules by means of implementing acts in accordance with the examination procedure referred to in article 119 as regards :


### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning : ### the commission shall lay down detailed rules by means of implementing acts in accordance with the examination procedure laid down in article 119 concerning :


### the introduction of other new fisheries control techniques may be decided in accordance with the treaty when these technologies lead to improved compliance with the rules of the common fisheries policy in a cost effective way . ### the introduction of other new fisheries control techniques may be decided in accordance with the ordinary legislative procedure when these technologies lead to improved compliance with the rules of the common fisheries policy in a cost effective way .


### ' 6 . the commission shall be empowered to adopt delegated acts in accordance with article 119a , to exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period , which may be renewed , or make provision for another notification period taking into account , the type of fisheries products and the distance between the fishing grounds , landing places and ports where the vessels in question are registered . ' ### ' 6 . the commission may adopt measures by means of implementing acts in accordance with the examination procedure referred to in article 119 , to exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period , which may be renewed , or make provision for another notification period taking into account , the type of fisheries products and the distance between the fishing grounds , landing places and ports where the vessels in question are registered . '


### on the basis of a scientific evaluation of the biological impact of recreational fisheries as referred to in paragraph 3 , where a recreational fishery is found to have a significant impact , management measures such as fishing authorisations and catch declarations may be adopted in accordance with the treaty . ### the scientific , technical and economic committee for fisheries shall evaluate the biological impact of recreational fisheries as referred to in paragraph 3 . where a recreational fishery is found to have a significant impact , management measures such as fishing authorisations and catch declarations may be adopted in accordance with the ordinary legislative procedure .


### the delegation of powers referred to in articles 7 , 8 , 9 , 14 , 15 , 17 , 21 , 22 , 49 , 51 , 52 , 58 , 58 , 59 , 60 , 65 , 65 , 73 , 74 , 75 , 92 , and 107 shall be conferred for an indeterminate period of time . ### the delegation of power referred to in articles 7 , 14 , 21 , 33 , 51 , 52 , 58 , 58 , 59 , 65 , 65 , 75 , 92 , and 107 shall be conferred for a period of three years from [ insert the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the three - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council oppose such extension no later than three months before the end of each period .


### this regulation establishes a common framework for the exchange of information and cooperation between member states and the agency in order to improve the situational awareness and reaction capability at the external borders of the member states and of the european union , hereinafter referred to as the european border surveillance system . ### this regulation establishes a common framework for the exchange of information and cooperation between member states and the agency in order to improve the situational awareness and reaction capability at the external borders of the member states and of the european union , hereinafter referred to as the european border surveillance system , which will thus help make improvements in protecting and saving lives of migrants at the external borders of the member states of the union .


### proposal for a regulation of the european parliament and of the council establishing for the period 2014 to 2020 the rights and citizenship programme ### proposal for a regulation of the european parliament and of the council establishing for the period 2014 to 2020 the rights , equality and citizenship programme


### the european union is founded on the principles of liberty , democracy , respect for human rights and fundamental freedoms and the rule of law , principles which are common to the member states . every citizen of the union has the rights provided for in the treaty . the charter of fundamental rights of the european union , which with the entry into force of the lisbon treaty became legally binding across the union , reflects the fundamental rights and freedoms to which persons are entitled in the union . those rights should be promoted and respected if they are to become a reality . the full enjoyment of those rights should be guaranteed and any obstacles should be dismantled . ### the european union is founded on the principles of liberty , democracy , respect for human rights and fundamental freedoms and the rule of law , respect for women ' s rights , equality between men and women and non - discrimination , principles which are common to the member states . every citizen of the union has the rights provided for in the treaty . the charter of fundamental rights of the european union , which with the entry into force of the lisbon treaty became legally binding across the union , reflects the fundamental rights and freedoms to which persons are entitled in the union . those rights should be promoted and respected if they are to become a reality . the full enjoyment of those rights should be guaranteed and any obstacles should be dismantled .


### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , the programme should support the mainstreaming of equality between women and men and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . ### pursuant to articles 8 and 10 tfeu , the programme established by this regulation should support the mainstreaming of equality between women and men and anti - discrimination objectives in all its activities and should be implemented in a mutually reinforcing manner with other union or member state activities that have the same objectives , in particular the eu framework for national roma integration strategies and the european pact for equality between women and men for the period 2011 to 2020 . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities .


### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , the programme should support the mainstreaming of equality between women and men and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . ### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , the programme established in this regulation should support the mainstreaming of equality between women and men and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which equal opportunities between women and men and anti - discrimination issues are addressed in the programme ' s activities .


### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , the programme should support the mainstreaming of equality between women and men and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme’s activities . ### in accordance with article&#160 ; 2 and article&#160 ; 3 &#8236 ; of the treaty on european union , equality between women and men is a common objective and value of the union . equality between women and men is also enshrined in article&#160 ; 23 of the charter of fundamental rights of the european union . pursuant to articles&#160 ; 8 and&#160 ; 10 of the treaty on the functioning of the european union , the programme should support the mainstreaming of equality between women and men and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . the union should ensure the promotion of gender equality through a two - pronged approach that includes taking into account the gender issue in all policies and budget allocations and adopting specific measures .


### violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge . such violence is present throughout the union and coordinated action is necessary in order to address it . taking action to combat violence against women contributes to the promotion of equality between women and men . ### violence against women , children , young persons and other groups at risk in all its forms constitutes a genuine violation of fundamental rights and a serious threat to the physical and psychological of the victims of those acts . it is also the result of cultural and social factors , as well as a persistent inequality between men and women and an unequal distribution of power between men and women in our societies . such violence is present throughout the union and coordinated action is necessary based on the methods and results of the daphne programmes . taking action to combat violence against women contributes to the promotion of equality between women and men . as the daphne programmes have been a genuine success since their launch in 1997 , both in terms of their popularity with stakeholders and in terms of the effectiveness of the projects funded by the programmes , it is essential that the programme clearly identify projects relating to the objectives of preventing and combating violence against children , teenagers , women and other groups at risk as ' ' daphne ' ' so as to keep the daphne programmes ' profile as high as possible .


### violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge . such violence is present throughout the union and coordinated action is necessary in order to address it . taking action to combat violence against women contributes to the promotion of equality between women and men . ### all forms of violence against women constitute a serious violation of fundamental rights . this scourge has serious repercussions , and not just on victims’ physical and mental health , but also on society as a whole because inequality between men and women is expressed here in its cruellest and most distressing form . violence against women is present throughout the union . combating it requires a strong political will and coordinated action in all the member states and should be tackled through the more global approach of an eu policy to promote the empowerment of women and equality between women and men .


### the general objective of the programme shall be to contribute to the creation of an area , where the rights of persons , as enshrined in the treaty on the functioning of the european union and the charter of fundamental rights of the european union , are promoted and protected . ### the general objective of the programme shall be to contribute to the creation of an area , where the rights of persons , the principle of equality between women and men , equality and non - discrimination , as enshrined in the tfeu , the charter of fundamental rights of the european union and the international human rights conventions to which the union has acceded , are promoted , protected and effectively implemented .


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non - discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation , family situation or pregnancy , including equality between women and men and the rights of persons with disabilities and of the elderly ;


### to promote the effective implementation of the principles of non - discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non - discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and the rights of persons with disabilities and of the elderly ;


### to enhance the respect of the rights of the child ; ### to ensure that the rights of the child are respected , keeping in mind that young girls are particularly vulnerable ;


### enhancing public awareness and knowledge of union law and policies ; ### enhancing public awareness and knowledge of union law and policies , with a view in particular to strengthening citizens ' knowledge of their rights and empowering them to act thereupon , notably as regards equality between men and women and non - discrimination ;


### analytical activities , such as collection of data and statistics ; development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations and impact assessments ; elaboration and publication of guides , reports and educational material ; monitoring and assessment of the transposition and application of union legislation and of the implementation of union policies ; workshops , seminars , experts meetings , conferences ; ### analytical activities , such as collection of data and statistics ; development of common methodologies and , where appropriate , indicators or benchmarks , with data and information broken down by gender ; studies , researches , analyses and surveys ; evaluations and impact assessments ; elaboration and publication of guides , reports and educational material ; monitoring and assessment of the transposition and application of union legislation and of the implementation of union policies ; workshops , seminars , experts meetings , conferences , which shall include a global , cross - cutting gender approach ;


### analytical activities , such as collection of data and statistics ; development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations and impact assessments ; elaboration and publication of guides , reports and educational material ; monitoring and assessment of the transposition and application of union legislation and of the implementation of union policies ; workshops , seminars , experts meetings , conferences ; ### analytical activities , such as regular collection of comparable data and statistics , including the different types of violence against children , teenagers , women and other groups at risk ; development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations and impact assessments ; elaboration and publication of guides , reports and educational material ; monitoring and assessment of the transposition and application of union legislation and of the implementation of union policies ; workshops , seminars , experts meetings , conferences ;


### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ; ### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies . care should be taken to ensure that these activities include a global , cross - cutting gender approach which focuses on promoting equality between men and women , non - discrimination and the empowerment of women ;


### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ; ### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events aimed at specific audiences , including campaigns in the field of preventing and combating violence and corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ;


### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; funding of european level observatories . ### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; support with action grants and operating grants for ngos or other organisations pursuing the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; the establishment and implementation of support programmes for victims and groups at risk in the field of preventing and combating violence ; funding of european level observatories .


### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts’ networks ; funding of european level observatories . ### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; support for the activities of ngos or other organisations working towards the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts’ networks ; establishing and implementing support programmes for victims and groups at risk in the field of preventing and combating violence ; funding of european level observatories .


### the commission shall monitor the programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in article&#160 ; 5 and the achievement of the specific objectives referred to in article&#160 ; 4 . the monitoring shall also provide a means of assessing the way in which gender equality and anti - discrimination issues have been addressed across the programme ' s actions . where relevant , indicators should be disaggregated by sex , age and disability . ### the commission shall monitor the programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in article&#160 ; 5 and the achievement of the specific objectives referred to in article&#160 ; 4 . the monitoring shall also provide a means of assessing the way in which gender equality , combating and protecting against violence and anti - discrimination issues have been addressed across the programme ' s actions . indicators should be disaggregated by sex , age and disability .


### the interim evaluation shall report on the achievement of the programme ' s objectives , the efficiency of the use of resources and the programme ' s european added value with a view to determining whether funding in areas covered by the programme shall be renewed , modified or suspended after 2020 . it shall also address the scope for any simplification of the programme , its internal and external coherence , as well as the continued relevance of all objectives and actions . it shall take into account the results of the ex - post evaluations of the programmes mentioned in article 13 . ### the interim evaluation shall report on the achievement of the programme ' s objectives , the efficiency of the use of resources and the programme ' s european added value with a view to determining whether funding in areas covered by the programme shall be renewed , modified or suspended after 2020 . it shall also address the scope for any simplification of the programme , its internal and external coherence , as well as the continued relevance of all objectives and actions . it shall take into account the results of the ex - post evaluations of the programmes mentioned in article 13 . in its interim evaluation , the commission shall , in particular , report on grants for operational costs when funding main actors , key european level networks , experts ' networks or european level observatories .


### all emissions from flights to and from countries outside the european economic area in 2013 ; ### by way of derogation from article 12 and article 14 , member states shall consider the requirements set out in those paragraphs satisfied in respect of all emissions from flights to and from countries outside the european economic area in each calendar year from 2013 to 2016 . if the 2016 icao assembly decides to introduce a global market - based measure from 2020 , on this period shall continue to apply for the calendar years from 2017 to 2020 ;


### emissions from flights operated by a non - commercial aircraft operator in each calendar year up to 2020 where the emissions for which that aircraft operator are responsible in the calendar year are less than 1000 tonnes ; ### emissions from flights operated by a non - commercial aircraft operator in each calendar year between 2013 and 2016 , where the emissions for which that aircraft operator are responsible in that calendar year are less than 1000 tonnes ;


### emissions from flights operated by a non - commercial aircraft operator in each calendar year up to 2020 where the emissions for which that aircraft operator are responsible in the calendar year are less than 1000 tonnes ### by way of derogation from article 12 and article 14 , member states shall consider the requirements set out in those paragraphs satisfied in respect of emissions from flights operated by a non - commercial aircraft operator in each calendar year until an international market - based measure is introduced where the emissions for which that aircraft operator are responsible in the calendar year are less than 1000 tonnes ;


### as regards activity in 2013 to 2020 , member states shall publish the number of free aviation allowances allocated to each operator by [ op : insert a date 4 months after the entry into force of this directive ] . ### as regards activities from 2013 to 2016 , member states shall publish the number of free aviation allowances allocated to each operator by . . .  ______________ [ op : please insert the date : four months after the entry into force of this directive ] .


### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from 2013 to 2020 shall be reduced to correspond with its share of attributed aviation emissions resulting from the application of article 28 to . ### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from calendar years 2013 to 2016 shall be reduced to correspond with its share of attributed aviation emissions resulting from the application of article 28 to .


### following the 2016 icao assembly , the commission shall report to the european parliament and the council on the actions to implement the global market - based measure to apply to emissions from 2020 , together with proposals as appropriate . in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2020 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route . ' ### following the 2016 icao assembly , the commission shall report to the european parliament and the council on the results achieved . in the event that a ratifiable global mbm is agreed , that report shall include proposals , as appropriate , in reaction to those developments . in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2016 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route . '


### following the 2016 icao assembly , the commission shall report to the european parliament and the council on the actions to implement the global market - based measure to apply to emissions from 2020 , together with proposals as appropriate . ### following the 2016 icao assembly , the commission shall report to the european parliament and the council on the actions to implement the global market - based measure to apply to emissions from 2020 , together with proposals as appropriate . any proposal should be accompanied by detailed impact assessments .


### in its final report presented on 25 february 2009 , the de larosière group recommended , among other things , the establishment of a community level body charged with overseeing risk in the financial system as a whole . ### in its final report presented on 25 february 2009 , the de larosière group recommended , among other things , the establishment of a eu level body charged with overseeing risk in the financial system as a whole .


### in its communication entitled ' european financial supervision ' of 27 may 2009 , the commission set out a series of reforms to the current arrangements for safeguarding financial stability at the eu level , notably including the creation of a european systemic risk board responsible for macro - prudential oversight . the council on 9 june 2009 and the european council at its meeting of 18 and 19 june supported the view of the commission and welcomed the commission ' s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010 . in line with the views of the commission , it concluded inter alia that the ecb “should provide analytical , statistical , administrative and logistical support to the esrb , also drawing on technical advice from national central banks and supervisors” . ### in its communication entitled ' european financial supervision ' of 27 may 2009 , the commission set out a series of reforms to the current arrangements for safeguarding financial stability at the eu level , notably including the creation of a european systemic risk board responsible for macro - prudential oversight . the council on 9 june 2009 and the european council at its meeting of 18 and 19 june supported the view of the commission and welcomed the commission ' s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010 . in line with the views of the commission , it concluded inter alia that the ecb “should provide analytical , statistical , administrative and logistical support to the esrb , also drawing on technical advice from national central banks and supervisors” . the support provided to the esrb by the ecb and the tasks assigned to the esrb must be without prejudice to the principle of the independence of the ecb in the performance of its tasks pursuant to the treaty on the functioning of the european union .


### the present community arrangements place too little emphasis on macro - prudential oversight . responsibility for macro - prudential analysis remains fragmented , and is conducted by various authorities at different levels with no mechanism to ensure that macro - prudential risks are adequately identified and that warnings and recommendations are issued clearly , followed up and translated into action . ### a proper functioning of union and global financial systems and the mitigation of threats thereto require enhanced consistency between macro and the micro supervision . as stated in the turner review , “a regulatory response to the global banking crisis” , of march 2009 , ' sounder arrangements require either increased national powers , implying a less open single market , or a greater degree of european integration ' . given the role of a sound financial system in terms of its contribution to competitiveness and growth in the union and its impact on the real economy , the de larosière group , followed by the eu institutions , have opted for a greater degree of european integration .


### in order to increase their weight and legitimacy , such warnings and recommendations should be transmitted through the council and , where appropriate , the european banking authority established by regulation no … / … the european parliament and of the council , the european securities and markets authority established by regulation no … / … of the european parliament and of the council , and the european insurance or the occupational pension authority established by regulation no … / …of the european parliament and of the council . ### in order to increase their weight and legitimacy , such warnings and recommendations should be transmitted through the european parliament , the council and , where appropriate , the european supervisory authority .


### the esrb should also monitor compliance with its recommendations , based on reports from addressees , in order to ensure that its warnings and recommendations are effectively followed . addressees of recommendations should act on them unless inaction can be adequately justified . ### the esrb should also monitor compliance with its recommendations , based on reports from addressees , in order to ensure that its warnings and recommendations are effectively followed . addressees of recommendations should act on them unless inaction can be adequately justified , in particular towards the european parliament .


### the esrb should report to the european parliament and the council at least annually , and more frequently in the event of widespread financial distress . ### the esrb should report to the european parliament and the council at least biannually , and more frequently in the event of widespread financial distress .


### issue warnings where risks are deemed to be significant ; ### issue warnings where risks are deemed to be significant and , where appropriate , declare the existence of an emergency situation ;


### cooperate closely with the european system of financial supervisors and , where appropriate , provide the european supervisory authorities with the information on systemic risks required for the achievement of their tasks ; ### cooperate closely with all the other parties to the european system of financial supervisors and , where appropriate , provide the european supervisory authorities with the information on systemic risks required for the achievement of their tasks ;


### the esrb may address a reasoned request to the european supervisory authorities to provide data that are not in summary or collective form . ### pursuant to a reasoned request by the esrb , the european supervisory authorities shall provide data that are not in summary or collective form .


### the warnings or recommendations shall also be transmitted to the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities . ### the warnings or recommendations shall also be transmitted to the european parliament , the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities .


### where a recommendation referred to in letter of article 3 is addressed to one or more member states , one or more european supervisory authorities , or one or more national supervisory authorities , the addressees shall communicate the actions undertaken in response to the recommendations to the esrb or explain why they have not acted . the council and , where relevant , the european supervisory authorities shall be informed . ### where a recommendation referred to in point of article 3 is addressed to one or more member states , one or more european supervisory authorities , or one or more national supervisory authorities , the addressees shall communicate the actions undertaken in response to the recommendations to the esrb or explain why they have not acted . the european parliament , the council and , where relevant , the european supervisory authorities shall be informed .


### if the esrb decides that its recommendation has not been followed and that the addressees have failed to explain their inaction appropriately , it shall inform the council and , where relevant , the european supervisory authorities concerned . ### if the esrb decides that its recommendation has not been followed and that the addressees have failed to explain their inaction appropriately , it shall inform the european parliament , the council and , where relevant , the european supervisory authorities concerned .


### the esrb shall report at least annually to the european parliament and to the council . ### the esrb shall report at least biannually to the european parliament and to the council .


### the esrb shall also examine specific issues at the invitation of the council or the commission . ### the esrb shall also examine specific issues at the invitation of the european parliament , the council or the commission .


### the council shall examine this regulation on the basis of a report from the commission three years after its entry into force and shall determine whether the missions and organisation of the esrb need to be reviewed after having received an opinion from the ecb . ### the european parliament and the council shall examine this regulation on the basis of a report from the commission three years after its entry into force and shall determine whether the missions and organisation of the esrb need to be reviewed after having received an opinion from the ecb . the report should assess , in particular , whether : - the architecture of the esfs needs to be simplified and reinforced , in order to increase the coherence between the macro and the micro levels as well as between the esas ; - the regulatory powers of the esas need to be increased ; - the evolution of the esfs is consistent with that of the global evolution ; - there is sufficient diversity and excellence within the esfs ;


### social undertakings include a large range of undertakings , taking various legal forms , that provide social services or goods to vulnerable or marginalised persons . such services include access to housing , healthcare , assistance for elderly or disabled persons , child care , access to employment and training as well as dependency management . social undertakings also include undertakings that employ a method of production of goods or services with a social objective , but whose activities may be outside the realm of the provision of social goods or services . those activities include social and professional integration by means of access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalisation . ### social undertakings include a large range of undertakings , taking various legal forms that provide social services or goods to vulnerable or marginalised persons . such services include access to housing , healthcare , assistance for elderly or disabled persons , child care , access to employment and training as well as dependency management . social undertakings also include undertakings that employ a method of production of goods or services with a social objective , but whose activities may be outside the realm of the provision of social goods or services . those activities include social and professional integration by means of access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalisation . a further benefit would be the increased plurality of providers of those services which would foster development and new ideas on how best to organise the work and enhancing the quality of the social services provided .


### ' qualifying portfolio undertaking ' means an undertaking that , at the time of an investment by the eusef , is not listed on a regulated market as defined in point of article 4 of directive 2004 / 39 / ec , which either has an annual turnover not exceeding eur 50 million , or an annual balance sheet total not exceeding eur 43 million , which is not itself a collective investment undertaking and which : ### ' qualifying portfolio undertaking ' , given the wide variety of legal forms that such undertakings may take from member state to member state , means an undertaking that , at the time of an investment by the eusef , is not listed on a regulated market as defined in point of article 4 of directive 2004 / 39 / ec , which either has an annual turnover not exceeding eur 50 million , or an annual balance sheet total not exceeding eur 43 million , which is not itself a collective investment undertaking and which :


### the practical application of the criteria for identifying qualifying portfolio undertakings and the impact of this on the development of social undertakings across the union ; ### the practical application of the criteria for identifying qualifying portfolio undertakings , the impact of this on the development of social undertakings across the union , and the appropriateness of establishing a social undertaking label at european level ;


### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures . ### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . with the exception of compulsory collective management , it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures .


### 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 provide and to receive collective management services across national borders entails that a rightholder is able to freely choose a collective management organisation for the management of his rights , whether they be communication to the public or reproduction rights , or categories of rights such as broadcasting , theatrical exhibition , or reproduction for online distribution but provided that the collective management organisation the rightholder wishes to choose already manages such rights or categories of rights . the rights or categories of rights or types of works and other subject matter managed by the collective management organisation should be determined by the general assembly of members and subject to , where applicable , an authorisation granted by the competent authority , without prejudicing the right of the rightholder to make such a choice under this directive . it is important that the rights and categories of rights are determined in a manner that maintains a balance between the freedom of rightholders to dispose of their works and other subject matter and the ability of the organisation to effectively manage the rights taking into account , in particular , the type of rights managed by the organisation and the creative sector in which the organisation operates . rightholders should be able to easily withdraw their rights or categories of rights or individual works 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 , individual 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 possibility for rightholders to manage their rights individually , including for non - commercial uses .


### fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject - matter for which a collecting society represents rights and to ensure the remuneration of rightholders . collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective criteria . ### fair and non - discriminatory licensing conditions and conditions for the use of rights are particularly important to ensure that users can use the works and other protected subject - matter for which a collecting society represents rights and to ensure the remuneration of rightholders . the court of justice has issued several rulings on remuneration for the use of rights , and consequently the relevant case law should be codified . collecting societies and users should conduct licensing negotiations in good faith . collecting societies should reply without delay to requests from users , indicating the information required in order to propose licensing conditions . collecting societies should offer to grant licences within a reasonable period , which should be less than 90 days from the date on which the request was received or the date on which the information requested by the collecting society was received . the tariffs applied should be appropriate and calculated on the basis of objective criteria which reflect the nature , extent and value of the use of the rights in trade . the user concerned should be notified of these criteria without delay .


### to enhance the trust of rightholders , users and other collecting societies in the management services provided by collecting societies , each collecting society should be required to set up specific transparency measures . each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made . they should also be required to provide sufficient information , including financial information , to the other collecting societies whose rights they manage through representation agreements . each collecting society should also make public enough information to ensure that rightholders , users and other collecting societies understand how it is structured and how it carries out its activities . collecting societies should in particular disclose to rightholders , users and other collecting societies the scope of their repertoire and their rules on fees , deductions and tariffs . ### to enhance the trust of rightholders , users and other collecting societies in the management activities performed by collecting societies , each collecting society should be required to set up specific transparency measures . each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made . they should also be required to provide sufficient information , including financial information , to the other collecting societies whose rights they manage through representation agreements . each collecting society should also make public enough information to ensure that rightholders , users and other collecting societies understand how it is structured and how it carries out its activities . collecting societies should in particular disclose to rightholders , users and other collecting societies the scope of their repertoire and their rules on fees , deductions and tariffs .


### to ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance , collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies . collecting societies should also make public an annual special report on the use of amounts dedicated to social , cultural and educational services . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from certain transparency obligations . ### to ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance , collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies . collecting societies should also make public an annual special report on the use of amounts dedicated to social , cultural and educational activities . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from certain transparency obligations .


### the objectives and the effectiveness of the rules on multi - territorial licensing by collecting societies would be largely jeopardised if rightholders were not able to exercise their rights by granting multi - territorial licences when the collecting society to which they have granted their rights does not grant or offer multi - territorial licences and does not want to mandate another collecting society to do so . for this reason , it is important in such circumstances , to enable rightholders to exercise the right to grant the multi - territorial licences required by online service providers themselves or through another party or parties , without having to withdraw their rights from the collecting society . ### the objectives and the effectiveness of the rules on multi - territorial licensing by collecting societies would be largely jeopardised if rightholders were not able to exercise their rights by granting multi - territorial licences when the collecting society to which they have granted their rights does not grant or offer multi - territorial licences and does not want to mandate another collecting society to do so . for this reason , it is important in such circumstances , to enable rightholders to exercise the right to grant the multi - territorial licences required by online service providers themselves or through another party or parties , by terminating their authorisation to manage those rights or withdrawing those rights from the collecting society .


### in the interest of the online market , key obligations relating to access to information , data handling , invoicing and payment capabilities must also apply to any entity owned , in whole or in part , by a collecting society and which offers or grants multi - territorial licences in online rights in musical works . ### in the interest of the online market , key obligations relating to multi - territorial licensing , access to information , data handling , invoicing and payment capabilities , agreements between collecting societies on multi - territorial licensing , obligations to represent another collecting society and access to multi - territorial licensing must also apply to any entity directly or indirectly owned or controlled , in whole or in part , by a collecting society and which offers or grants multi - territorial licences in online rights in musical works .


### it is necessary to ensure the effective enforcement of the provisions of the national law adopted pursuant to this directive . collecting societies should offer their members specific procedures for the handling of complaints and the resolution of disputes . these procedures should also be made available to other rightholders represented by the collecting society . it is also appropriate to ensure that member states have independent , impartial and effective dispute resolution bodies capable of settling commercial disputes between collecting societies and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused . furthermore , the effectiveness of the rules on the multi - territorial licensing of online rights in musical works could be undermined if disputes between collecting societies and their counterparts were not solved quickly and efficiently by independent and impartial bodies . as a result , it is appropriate to provide , without prejudice to the right of access to a tribunal , for an easily accessible , efficient and impartial out - of - court procedure for resolving conflicts between collecting societies , on the one hand , and online music service providers , rightholders or other collecting societies , on the other . ### it is necessary to ensure the effective enforcement of the provisions of national law adopted pursuant to this directive . collecting societies should offer their members specific procedures for the handling of complaints and the resolution of disputes . these procedures should also be made available to other rightholders represented by the collecting society and to collecting societies on whose behalf it manages rights under a representation agreement . it is also appropriate to ensure that member states have independent , impartial and effective dispute resolution bodies capable of settling , within a reasonable period , commercial disputes between collecting societies and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused . furthermore , the effectiveness of the rules on the multi - territorial licensing of online rights in musical works could be undermined if disputes between collecting societies and their counterparts were not solved quickly and efficiently by independent and impartial bodies . as a result , it is appropriate to provide , without prejudice to the right of access to a tribunal , for an easily accessible , efficient and impartial out - of - court procedure for resolving conflicts between collecting societies , on the one hand , and online music service providers , rightholders or other collecting societies , on the other .


### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end . ### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law , to control the activities of collecting societies and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions are imposed . member states should determine which authorities should be responsible for administering the complaints procedures , controlling the activities of collecting societies and imposing sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end .


### ' 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 charged or deducted by a collecting society from the rights revenue or from income derived from investments in order to cover the costs of its management of copyright or related rights services ;


### ' user ' means any natural person or legal entity who is carrying out acts subject to the authorisation of rightholders , the remuneration of rightholders or the payment of compensation to rightholders and who is not acting in the capacity of a consumer ; ### ' user ' means any natural person or legal entity who is carrying out acts subject to the authorisation of rightholders , the remuneration of rightholders or the payment of compensation to rightholders and who is not acting in the capacity of a consumer , in other words , for purposes which are not comprised in his professional or commercial activity ;


### ' repertoire ' means the works or other protected subject matter in which a collecting society manages rights ; ### ' repertoire ' means the works , types of works or other protected subject matter in which a collecting society manages rights ;


### ' online music service ' means an information society service within the meaning of article 1 of directive 98 / 34 / ec which requires the licensing of musical works . ### ' online music service ' means a service within the meaning of article 1 of directive 98 / 34 / ec which requires the licensing of musical works .


### the policy on the distribution of the amounts due to rightholders , except where the general meeting decides to delegate this decision to the body exercising the supervisory function ; ### the general policy on the distribution of the amounts due to rightholders ;


### every member of a collecting society shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . ### every member of a collecting society shall have the right to appoint his / her legal representative or any other member as a proxy holder to attend and vote at the general meeting in his name .


### member states shall ensure that the collecting society establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation . ### member states shall ensure that the collective management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collective management organisation . there shall be fair and balanced representation of the members of the collective management organisation in the body exercising this function in order to ensure their effective participation .


### member states shall ensure that the persons who effectively manage the business of a collecting society and its directors , with the exception of the directors exercising supervisory function , manage the collecting society in a sound and prudent manner , using sound administrative and accounting procedures and internal control mechanisms . ### member states shall ensure that the collecting societies guarantee that the persons who effectively manage the business of a collecting society and its directors manage the collecting society in a sound and prudent manner , using sound administrative and accounting procedures and internal control mechanisms . the persons who effectively manage the business of a collecting society shall , within a reasonable space of time , take decisions concerning the conditions for granting licences and the conclusion of contracts .


### collecting societies shall be diligent in the collection and the management of rights revenue . ### collecting societies shall be diligent in the collection , the management and the distribution of rights revenue .


### the collecting society shall manage and keep separate the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities . ### the collecting society shall manage and keep separate the rights revenue and any income derived from its investment from its own assets , the income derived from its management activities or the income derived from any other activities .


### the collecting society shall manage and keep separate the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities . ### the collecting society shall manage the rights revenue and any income derived from its investment , including interest , so as to keep it separate from its own assets , the income derived from its management services or the income derived from any other activities .


### the collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account , save that it may deduct its management fees . ### rights revenue and any income derived from its investment , including interest , may only be used for the deduction of management fees by a decision of the general meeting in accordance with article 7 .


### where , pending the distribution of the amounts due to rightholders , the collecting society invests the rights revenue and any income derived from its investment , it shall do so in accordance with the general investment policy referred to in article 7 and the following rules : ### where , pending the distribution of the amounts due to rightholders , the collecting society invests the rights revenue and any income derived from its investment , it shall do so , in the best interests of members , in accordance with the general investment policy referred to in article 7 and the following rules :


### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . ### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue and any income derived from its investment referred to in points and of article 19 .


### the collecting society shall not apply deductions , other than management fees , to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society , unless the other collecting society expressly consents to such deductions . ### member states shall ensure that a collective management organisation does not apply deductions , other than reasonable management fees , to the rights revenue derived from the rights it manages on the basis of a representation agreement , and to any income arising from the investment of that rights revenue .


### licensing ### licensing and conditions on the use of rights


### collecting societies and users shall conduct negotiations for the licensing of rights in good faith including the provision of all necessary information on their respective services . ### collecting societies and users shall conduct negotiations for the licensing of rights in good faith including the provision of all necessary information on their respective activities .


### collecting societies and users shall conduct negotiations for the licensing of rights in good faith including the provision of all necessary information on their respective services . ### collecting societies and users shall conduct negotiations for the licensing of rights in good faith . they shall provide all necessary information on their respective services .


### licensing terms shall be based on objective criteria , in particular in relation to tariffs . ### licensing terms shall be based on objective and non - discriminatory criteria , in particular in relation to tariffs . tariffs for exclusive rights and rights to remuneration shall reflect in particular , the economic value of the use of the rights in trade , the nature and scope of the use of the work and other subject matter .


### information provided to rightholders on the management of their rights ### information provided to rightholders on the management of their rights on request


### member states shall ensure that a collecting society makes available at least once a year , by electronic means , the following information to each rightholder it represents : ### without prejudice to paragraph 2 , articles 17 and 26 , member states shall ensure that a collective management organisation makes available no less than once a year to each rightholder to whom it attributed rights revenue or made payments , in the period to which the information relates , at least the following information :


### the deductions made for management fees in the period concerned ; ### the amount of the management fees in the period concerned , the deductions made for management fees in the period concerned and the investment income used for management fees and / or distributed to the members in the period concerned ;


### rules on distribution of the amounts due to rightholders ; ### general policy regarding distribution of the amounts due to rightholders ;


### rules on management fees ; ### rules on management fees and withdrawals against income from the investment thereof ;


### rules on deductions from rights revenue for purposes other than management fees , including deductions for the purposes of social , cultural and educational services ; ### rules on deductions from rights revenue for purposes other than management fees , including deductions for the purposes of social , cultural and educational activities ;


### a collecting society which grants multi - territorial licences for online rights in musical works shall provide to online music service providers , rightholders and other collecting societies , by electronic means , up - to - date information allowing the identification of the online music repertoire it represents . this shall include the musical works represented , the rights represented , in whole or in part , and the member states represented . ### a collecting society which grants multi - territorial licences for online rights in musical works shall provide to online music service providers , members and other collecting societies , by electronic means , up - to - date information allowing the identification of the online music repertoire it represents . this shall include : the musical works represented , including the names of the artists and the title of the recording ; the rights represented in whole or in part and the member states represented .


### the mandating collecting society shall inform its members of the duration of the agreement , the costs of the services provided by the other collecting society and any other significant terms of the agreement . ### the mandating collecting society shall inform its members of the duration of the agreement , the costs of the activities performed by the other collecting society and any other significant terms of the agreement .


### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise . the collecting society which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them . ### member states shall ensure that where a collective management organisation does not grant or offer to grant multi - territorial licences for online rights in musical works or does not allow another collective management organisation to represent those rights for such a purpose by one year after the transposition date of this directive , rightholders who have authorised that collective management organisation to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves , or through any other party they authorise , or can grant such licences through any collective management organisation complying with the provisions of this title . a collective management organisation which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collective management organisation is established , unless the rightholders terminate their authorisation .


### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise . the collecting society which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them . ### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can terminate rights management authorisation or withdraw the rights , so as to grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise .


### articles 18 , 18 , 22 , 23 , 24 , 25 , 26 , 27 , 32 and 36 shall also apply to entities owned , in whole or in part , by a collecting society and which offer or grant multi - territorial licences for online rights in musical works . ### articles 18 , 18 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 and 36 shall also apply to entities owned , in whole or in part , or controlled directly or indirectly , by a collecting society and which offer or grant multi - territorial licences for online rights in musical works .


### dispute resolution for members and rightholders ### complaints procedures


### 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 societies make available to their members , rightholders and collecting societies on whose behalf it manages rights under a representation agreement 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 .


### collecting societies shall respond in writing to complaints by members or rightholders . where the collecting society refuses the complaint , it shall give reasons . ### collecting societies shall respond in writing to complaints by members , rightholders or collecting societies on whose behalf it manages rights under a representation agreement . where the collecting society refuses the complaint , it shall give reasons .


### dispute resolution for users ### alternative dispute resolution procedures


### member states shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions , tariffs , and any refusal to grant a licence can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body . ### . member states may provide that disputes attributable to the implementation of this new directive between collecting societies , members of collecting societies , rightholders or users shall be submitted to a rapid , independent and impartial alternative dispute resolution procedure .


### member states shall ensure that procedures are set up for members of a collecting society , rightholders , users and other interested parties to submit complaints to the competent authorities with regard to the activities of collecting societies which are covered by this directive . ### member states shall ensure that compliance by collective management organisations established in their territory with the provisions of national law adopted pursuant to the requirements laid down in this directive is monitored by competent authorities designated for that purpose . to this end member states may require these collective management organisations to obtain the prior authorisation from the competent authority before commencing the collective management . member states should not decline the prior authorisation for operating on their territories unless there are reasonable circumstances that justify such a refusal . collective management organisations operating in member states for at least twenty years as of the date of entry into force of this directive should be granted authorisation on automatic basis without any formalities . every collecting management organisation which is declined the authorisation or its authorisation is revoked has a right to appeal against the decision .


### member states shall notify the commission of the competent authorities referred to in articles 21 , 37 , 38 and 40 by the [ date ] . ### member states shall notify the commission of the competent authorities referred to in articles 15 , 21 , 37 , 38 and 40 by [ date ] . the commission shall make that information available on its website .


### member states shall ensure that the competent authorities referred to in article 39 continuously monitor the compliance with the requirements laid down in title iii of this directive by collecting societies established in their territory when granting multi - territorial licences for online rights in musical works . ### member states shall ensure that the competent authorities referred to in article 39 monitor the compliance with the requirements laid down in title iii of this directive by collecting societies established in their territory when granting multi - territorial licences for online rights in musical works .


### by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal . ### by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border collective management activities and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 12 months after the entry into force of the directive ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 18 months after the entry into force of the directive ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purposes of modifying the annexes . ### in order to take account of economic and technical developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifying annexes ii and iii . it is of particular importance that the commission carry out appropriate consultations , including at expert level , at all stages of preparing and drawing up delegated acts . the commission , when preparing and drawing up delegated acts , should ensure the simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council .


### this regulation establishes a common framework for systematic production of european statistics on the permanent crops listed in annex i . ### this regulation establishes a common framework for systematic production of comprehensive and reliable european statistics on the permanent crops listed in annex i .


### this regulation establishes a common framework for systematic production of european statistics on the permanent crops listed in annex i . ### this regulation establishes a common framework for systematic production of european statistics on the permanent crops listed below : dessert apple trees ; apple trees for industrial processing ; dessert pear trees ; pear trees for industrial processing ; apricot trees ; peach trees ; orange trees ; small citrus fruit trees ; lemon trees ; olive trees ; vines intended for the production of table grapes ; vines for purposes other than for the production of table grapes .


### ' normal planting period ' means the period of the year when permanent crops are normally planted starting in mid - autumn and finishing by mid - spring of the following year : ### ' usual planting period ' means the period of the year when permanent crops are usually planted starting in mid - autumn and finishing by mid - spring of the following year :


### without prejudice to any delegated act adopted in accordance with article 4 of this regulation , the statistics for crops referred to in point 12 of annex i shall be provided using the data available in the vineyard register implemented in accordance with article 185a of regulation no 1234 / 2007 for all the holdings included in this register as defined in article 3 of commission regulation no 436 / 2009 . ### the statistics for crops referred to in point 12 of annex i shall be provided using the data available in the vineyard register implemented in accordance with article 185a of regulation no 1234 / 2007 for all the holdings included in this register as defined in article 3 of commission regulation no 436 / 2009 .


### the commission shall adopt delegated acts in accordance with article 10 for the purpose of modifying the list in annex i and the statistics set out in annexes ii and iii . ### the commission shall be empowered to adopt delegated acts in accordance with article 10 in respect of modifying annexes ii and iii , only to the extent that this does not entail a significant additional administrative burden for member states and holdings producing the crops referred to in article 1 .


### the statistics provided shall refer to the planted area after the normal planting period . ### the statistics provided shall refer to the planted area after the usual planting period .


### member states conducting sample surveys in order to obtain these statistics shall take all necessary steps to ensure that the data meet the following precision requirements : the coefficient of variation of the data shall not exceed , at national level , 3&#160 ; % for the area under cultivation for each of the crops referred to in points 1 to 11 and 1&#160 ; % for the crops referred to in point 12 of annex i . ### member states conducting sample surveys in order to obtain these statistics shall take all necessary steps to ensure that the data meet the following precision requirements : the coefficient of variation of the data shall not exceed , at national level , 3 % for the area under cultivation for each of the crops referred to in article 1 .


### member states shall transmit to the commission the data set out in annexes ii and iii by 31 july of the year following the reference period at the latest . ### member states shall transmit to the commission the data set out in annex ii by 30 september of the year following the reference period at the latest and those set out in annex iii no later than 15 months after completion of the survey .


### by 31 july 2013 , and every five years thereafter , member states shall provide the commission with reports on the quality of the data transmitted and the methods used . ### by 30 september 2013 , and every five years thereafter , member states shall provide the commission with reports on the quality of the data transmitted and the methods used .


### by 31 july 2013 , and every five years thereafter , member states shall provide the commission with reports on the quality of the data transmitted and the methods used . ### by 31 july 2013 , and every five years thereafter , member states shall provide the commission with reports on the quality of the data transmitted and the methods used in respect of statistics on the crops referred to in article 1 , points to .