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


### esma shall charge fees to the credit rating agencies in accordance with this regulation and the regulation on fees referred to in paragraph 2 . those fees shall fully cover esma ' s necessary expenditure relating to the registration , certification and supervision of credit rating agencies and the reimbursement of any costs that the competent authorities may incur carrying out work pursuant to this regulation , in particular as a result of any delegation of tasks in accordance with article 30 ### esma shall charge fees to the credit rating agencies which are registered in accordance with this regulation and the regulation on fees referred to in paragraph 2 . those fees shall be referable only to , but shall fully cover , esma ' s necessary and reasonable expenditure relating to the registration , certification and supervision of credit rating agencies and the reimbursement of any costs that the competent authorities may incur carrying out work pursuant to this regulation insofar as that work relates to the supervision of credit rating agencies , in particular as a result of any delegation of tasks in accordance with article 30 .


### a harmonised standard rating scale to be used , in accordance with article 11a , by registered and certified credit rating agencies , which will be based upon the metric to measure credit risk and the number of rating categories and cut off values for each rating category ; ### an equivalence chart between the rating scales used by registered and certified credit rating agencies ;


### the content and the presentation of the information , including structure , format , method and timing of reporting that credit rating agencies shall disclose to esma in accordance with article 11a ; and ### the content and the presentation of the information , including structure , format , method and timing of reporting that credit rating agencies shall disclose to esma in accordance with article 11a and the information that eba and the national central banks shall disclose to esma in accordance with article 11a ; and


### a credit rating agency shall ensure that fees charged to its clients for the provision of rating and ancillary services are not discriminatory and are based on actual costs . fees charged for rating services shall not depend on the level of the credit rating issued by the credit rating agency or on any other result or outcome of the work performed . ### a credit rating agency shall ensure that fees charged to its clients for the provision of rating and ancillary services are not discriminatory and commensurate to the actual costs incurred . fees charged for rating services shall not depend on the level of the credit rating issued by the credit rating agency or on any other result or outcome of the work performed .


### a credit rating agency shall disclose on its website , on an ongoing basis , information about all entities or debt instruments submitted to it for their initial review or for preliminary rating . such disclosure shall be made whether or not issuers contract with the credit rating agency for a final rating . ### a credit rating agency shall report to esma , on an ongoing basis , information about all entities or debt instruments submitted to it for their initial review or for preliminary rating , indifferent with regard to whether or not the issuers contract with the credit rating agency for a final rating .


### where a credit rating agency issues sovereign ratings or related rating outlooks , it shall publish these ratings or outlooks only after the close of business of trading venues established in the union and at least one hour before their opening . point 3 of section d . i . remains unaffected . ### where a credit rating agency issues sovereign ratings or related rating outlooks , it shall publish these ratings on the first friday of each calendar quarter only , after the close of business of trading venues established in the union and at least one hour before their opening . point 3 of section d . i remains unaffected .


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


### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . ### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement will therefore enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth .


### in its ' resolution of 15 december on the situation of fundamental rights in the european union - effective implementation after the entry into force of the treaty of lisbon ' the european parliament called on the commission to devote the 2013 european year to citizenship in order to give momentum to the debate on union citizenship and inform union citizens of their rights , in particular the new rights resulting from the entry into force of the treaty of lisbon . ### in its ' resolution of 15 december on the situation of fundamental rights in the european union - effective implementation after the entry into force of the treaty of lisbon ' the european parliament called on the commission to devote the 2013 european year to citizenship in order to give momentum to the debate on union citizenship and inform union citizens of their new rights , in particular the new rights resulting from the entry into force of the treaty of lisbon , such as the ' european citizens ' initiative ' and the individual rights in the charter of fundamental rights .


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


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , the application of legal rules remains unsatisfactory and is a burden on citizens wishing to exercise their rights . member states should remove all subsisting administrative and legal obstacles based on incorrect interpretation . a special effort should be made to assist poorly qualified workers and workers with special needs due to a disability in their desire for job mobility , job exchanges and occupational training . back - up measures should be taken by the host member state to enable them to exercise their social rights and voting rights .


### however , to enable union citizens to make informed decisions about whether to exercise their right to free movement , it does not suffice to raise their awareness about the right to free movement itself ; it is essential that union citizens are also adequately informed about other rights available to them under union law in a cross - border context . this information will also enable them to fully enjoy these rights , if they decide to make use of their right to free movement . ### however , to enable union citizens to make informed decisions about whether to exercise their right to free movement , it does not suffice to raise their awareness about the right to free movement itself ; it is essential that union citizens are also adequately informed about other rights available to them under union law in a cross - border context . adequate information and increased awareness of the benefits of mobility could accordingly prove to be of vital importance in attempting to contain the brain drain from the eu . this information will also enable them to fully enjoy these rights , if they decide to make use of their right to free movement .


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


### awareness of the electoral rights guaranteed to union citizens is of primary importance in this respect . union citizens should be fully aware of their right to vote and stand as candidates in the municipal and european parliament elections in their member state of residence . at the same time , political participation can contribute to the integration of union citizens into the society of their chosen member states of residence . ### awareness of the electoral rights guaranteed to union citizens is of primary importance in this respect . union citizens should be fully aware of their right to vote and stand as candidates in the municipal and european parliament elections in their member state of residence . citizens should also be well informed about their opportunities to be actively involved in european policy - making . at the same time , political participation can contribute to the integration of union citizens into the society of their chosen member states of residence .


### a european year of citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement . ### a european year of citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement and strengthening european solidarity , european identity and awareness of european values .


### raising awareness about citizens ' rights , including their electoral rights in their member state of residence , is also important in view of the european parliament elections in 2014 . the impact of such awareness raising actions should be multiplied through close coordination and exploitation of synergies with relevant actions implemented by other union institutions , notably the european parliament , and by member states in the run up to these elections . ### raising awareness about citizens ' rights , including their electoral rights in their member state of residence , is also important in view of the european parliament elections in 2014 . the impact of such awareness raising actions should be multiplied through close coordination and exploitation of synergies with relevant actions implemented by other union institutions , notably the european parliament , and by member states in the run up to these elections . wide - ranging and effective reporting on eu matters by public tv / radio / internet service providers from all member states and greater media cooperation would successfully enhance the flow of information for citizens .


### the primary responsibility for raising citizens ' awareness of their rights as union citizens rests with member states ; action at union level complements and supplements national actions in this respect , as highlighted in the political declaration ' communicating europe in partnership ' signed on 22 october 2008 by the european parliament , the council and the commission . ### the primary responsibility for raising citizens ' awareness of their rights as union citizens rests with the member states , which should carry out their obligations to the full and show they are aware of their responsibility for the europe we share . this includes providing an intensive flow of accompanying information and targeted reporting on the activities of the eu institutions . action at union level complements and supplements national actions in this respect , as highlighted in the political declaration ' communicating europe in partnership ' signed on 22 october 2008 by the european parliament , the council and the commission .


### to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union ; ### to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in democratic life and democratic opinion formation in the union ;


### – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and to stimulate their active participation in civic fora on union policies and issues ; ### – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and to stimulate their active participation in civic fora on union policies , issues and political processes ;


### – to stimulate a debate about the impact and potential of the right to free movement , as an inalienable aspect of union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens and the union . ### – to stimulate a debate about the impact and potential of the right to free movement , as an inalienable aspect of union citizenship , in particular in terms of strengthening societal cohesion , social integration , employment , quality education and mutual understanding between union citizens and the bond between citizens and the union .


### – exchange of information , sharing of experience and good practices of national , regional , local administrations and other organisations ; ### – establishment of a specific and very regularly updated internet portal to enable national , regional and local administrations to provide information on employment sectors seeking labour .


### strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights ; ### – strengthening of the role and visibility of the multilingual europe direct , eures web portal and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights and options ;


### the commission and the member states may identify other activities as contributing to objectives of the european year and allow the name of the european year to be used in promoting those activities insofar as they contribute to achieving the objectives set out in article 2 . ### the commission and the member states are called on to identify additional activities as contributing to objectives of the european year and allow the name of the european year to be used in promoting those activities insofar as they contribute to achieving the objectives set out in article 2 .


### the european union , as a contracting party of the world trade organisation , is committed to mainstreaming trade in development strategies and to promoting international trade in order to advance development and poverty reduction worldwide . ### the european union , as a contracting party of the world trade organisation , is committed to mainstreaming trade in development strategies and to promoting international trade in order to advance development and poverty reduction worldwide . the eu also acknowledges that efforts are required to effectively improve the standard of living of the people concerned and to improve compliance with labour and safety standards . the eu further acknowledges the need to ensure that assistance is allocated in a way that does not distort competition on the market , but nevertheless takes account of farmers , who are now at the beginning of the production chain and yet only receive a very small percentage of the final price paid by european consumers purchasing bananas grown in the acp countries .


### the european union , as a contracting party of the world trade organisation , is committed to mainstreaming trade in development strategies and to promoting international trade in order to advance development and poverty reduction worldwide . ### the european union , as a contracting party of the world trade organisation , is committed to mainstreaming trade in development strategies and to promoting international trade in order to advance development and reduce &#8211 ; and , in the long term , eradicate &#8211 ; poverty worldwide .


### the eu is committed to supporting the smooth and gradual integration of developing countries into the world economy with a view to sustainable development . the main acp banana - exporting countries may face challenges in the context of changing trade arrangements , notably as a consequence of most favoured nation liberalisation in the framework of the wto . hence an acp banana accompanying measures programme should be added to the existing regulation no 1905 / 2006 of the european parliament and of the council of 18 december 2006 establishing a financing instrument for development cooperation6 . ### the eu is committed to supporting the smooth and gradual integration of developing countries into the world economy with a view to sustainable development . the main acp banana - exporting countries will face challenges in the context of changing trade arrangements , notably as a consequence of most favoured nation liberalisation in the framework of the wto and of the bilateral and regional agreements concluded , or in the process of being concluded , between the eu and latin american countries , which are the leading exporters of bananas . hence an acp banana accompanying measures programme should be added to the existing regulation no 1905 / 2006 of the european parliament and of the council of 18 december 2006 establishing a financing instrument for development cooperation6 .


### the financial assistance measures to be adopted under this programme should aim at supporting the adaptation and / or restructuring of areas dependent upon banana exports through sector - specific budget support or project - specific interventions . the measures should aim to provide for social resilience policies , economic diversification or investment to improve competitiveness , where this is a viable strategy , taking into account the results of and experiences gained through the special system of assistance to traditional acp suppliers of bananas7 and the special framework of assistance to traditional acp suppliers of bananas8 . ### the financial assistance measures to be adopted under this programme should aim at supporting the adaptation and / or restructuring of areas dependent upon banana exports through sector - specific budget support or project - specific interventions . the measures should aim to provide for social resilience policies , economic diversification , income support for growers or investment to improve competitiveness , where this is a viable strategy , taking into account the results of and experiences gained through the special system of assistance to traditional acp suppliers of bananas7 and the special framework of assistance to traditional acp suppliers of bananas8 .


### the programme should accompany the adaptation process in acp countries which have exported significant volumes of bananas to the ec in recent years and which will be affected by liberalisation in the framework of the wto9 . the programme builds on the special framework of assistance for traditional acp suppliers of bananas . it is in conformity with the eu’s international obligations in the framework of the wto and has a clear restructuring and hence temporary nature , with a maximum duration of four years , ### the programme should accompany the adaptation process in acp countries which have exported significant volumes of bananas to the ec in recent years and which will be affected by liberalisation in the framework of the wto9 and by the bilateral and regional agreements concluded , or in the process of being concluded , between the eu and latin american countries , which are the leading exporters of bananas . the programme builds on the special framework of assistance for traditional acp suppliers of bananas . it is in conformity with the eu’s international obligations in the framework of the wto , focuses on restructuring and boosting competitiveness , and is consequently temporary in nature , with a duration of four years . depending on the situation of acp banana exporters at the end of the current programme , another programme may be launched in 2013 to continue addressing the impact of further cuts in customs duties ,


### acp banana supplying countries listed in annex iiia shall benefit from banana accompanying measures . union assistance to these countries shall aim at supporting their adjustment process following from liberalisation of the eu market for bananas in the framework of the world trade organisation . union assistance shall take into account the countries ' policies and adaptation strategies and shall pay specific attention to the following areas of cooperation : ### acp banana supplying countries listed in annex iiia shall benefit from banana accompanying measures . union assistance to these countries shall aim at supporting their adjustment process following from liberalisation of the eu market for bananas in the framework of the world trade organisation and the entry into force of bilateral and regional trade agreements concluded between the eu and latin american countries . union assistance shall take into account the countries ' policies and adaptation strategies , as well as their regional environment , and shall pay specific attention to the following areas of cooperation :


### within the amount referred to in annex iv , the commission shall fix the maximum amount available to each eligible acp banana - supplying country for financing the actions referred to in paragraph 1 on the basis of a set of objective indicators . the indicators shall include trade in bananas with the eu ; the importance of banana exports to the economy in the acp country concerned ; and country’s level of development . the measurement of the allocation criteria shall be based on data from years preceding 2009 . ### within the amount referred to in annex iv , the commission shall fix the maximum amount available to each eligible acp banana - supplying country for financing the actions referred to in paragraph 1 according to the needs of each country , placing particular emphasis on ‘ most favoured nation’ status within the wto , and on the basis of the following objective , weighted indicators : firstly , trade in bananas with the eu ; secondly , the importance of banana exports to the economy in the acp country concerned , along with the country’s level of development . the measurement of the allocation criteria shall be based on representative data preceding 2010 and covering a period not longer than five years .


### a sound , harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the europe 2020 strategy . ### a global and balanced approach to intellectual property rights which is harmonised at union level and which also takes due account of world trade organization rules , the related legal framework and the unesco convention on the protection and promotion of the diversity of cultural expressions 1 is fundamental in the endeavour to fulfil the ambitions of the europe 2020 strategy and the digital agenda for europe2 . ________________ 1 http : / / unesdoc . unesco . org / images / 0014 / 001429 / 142919e . pdf . 2 communication from the commission of 26 august 2010 : ‘ a digital agenda for europe’ 0245 / 2 ) .


### the constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the union economy , but also to the health and safety of union consumers . therefore , effective , immediate and coordinated actions at european and global levels are needed to successfully combat this phenomenon . ### the constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the union economy , cultural and creative work and the health and safety of union consumers , but also to the sustainable preservation , promotion and protection of the diversity of cultural expression and heritage . therefore , effective , immediate and coordinated actions at european and global levels are needed to successfully combat this phenomenon , while at the same time ensuring a fair return for authors and fair public access .


### the communication set out that the observatory should become the central resource for gathering , monitoring and reporting information and data related to all intellectual property rights infringements . it should be used as a platform for cooperation between representatives from national authorities and stakeholders to exchange ideas and expertise on best practices , to develop joint enforcement strategies and to make recommendations to policy - makers . the communication specified that the observatory would be hosted and managed by the services of the commission . ### the above - mentioned communication set out that the observatory should become the central resource for gathering , monitoring and reporting information and data related to all intellectual property rights infringements . it should be used as a platform for cooperation between representatives from national authorities and all public and private stakeholders to exchange ideas and expertise on best practices , to develop joint enforcement strategies and to make recommendations to policy - makers . that communication specified that the observatory would be hosted and managed by the services of the commission .


### in its resolution on the enforcement of intellectual property rights in the internal market of 1 march 2010 , the council invited the commission , the member states and industry to provide the observatory with available reliable and comparable data on counterfeiting and piracy and to jointly develop and agree , in the context of the observatory , on plans to collect further information . the council also invited the observatory to publish each year a comprehensive annual report covering the scope , scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market . that annual report should be prepared with the information provided by the authorities of the member states , the commission and the private sector , within the limits of data protection law , on the scope , scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market . ### the commission , the member states and industry should provide the observatory with available reliable and comparable data on infringements of intellectual property rights and jointly develop and agree , in the context of the observatory , on plans to collect further information . the observatory should publish each year a comprehensive annual report covering the scope , scale and principal characteristics of infringements of intellectual property rights as well as its impact on the internal market . that annual report should be prepared with the information provided by the authorities of the member states , the commission and the private sector , within the limits of data protection law , on the scope , scale and principal characteristics of infringements of intellectual property rights as well as their impact on the internal market .


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


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . the commission should be associated with the activities undertaken by the office under this regulation .


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


### establishing a methodology for the collection , analysis and reporting of independent , objective , comparable and reliable data related to infringements of intellectual property rights ; ### establishing a transparent methodology for the collection , analysis and reporting of independent , objective , comparable and reliable data related to infringements of intellectual property rights ;


### collecting , analysing and disseminating information regarding best practices between the representatives meeting as the observatory , and developing strategies based on such practices ; ### collecting , analysing and disseminating information regarding best practices between the representatives meeting as the observatory and the member states’ competent bodies , and developing and disseminating strategies based on such practices ;


### drawing up reports and publications to raise awareness of the union’s citizens of the impact of infringements of intellectual property rights , and organising conferences , on - line and off - line campaigns , events and meetings at european and international levels ; ### drawing up reports and publications to raise awareness amongst union citizens of the impact of infringements of intellectual property rights , and organising conferences , online and offline campaigns , events and meetings at european and international levels which examine new , balanced and flexible proposals for protecting intellectual property rights in particularly sensitive areas , such as the cultural and creative sector , while upholding citizens’ access rights , in accordance with applicable law ;


### building strategies in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , and developing techniques , skills and tools related to the protection of intellectual property rights , including training programmes and awareness campaigns ; ### developing strategies , in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , related to the protection of intellectual property rights , including training programmes and awareness campaigns ;


### representatives meeting as the observatory invited from the private sector shall include a broad and representative range of union and national bodies representing the different economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights . ### representatives meeting as the observatory invited from the private sector shall include a broad and representative range of union and national bodies representing the different sectors most concerned by and most experienced in the fight against infringements of intellectual property rights .


### the office shall invite one national representative from each member state , and five representatives each from the european parliament and the commission . ### the office shall invite one national representative from each member state , and five representatives each from the european parliament and the commission . when the european parliament’s representatives are appointed , due account must be taken of the committees on which those representatives sit in their capacity as members of the european parliament , so as to ensure that areas in which the impact of intellectual property rights is the greatest , such as industry , culture or health , are represented as fully as possible .


### recommendations on the future policies in the area of the protection of intellectual property rights , including on how to enhance an effective cooperation between member states . ### observations on the protection of intellectual property rights and potential future policies and strategies , including on how to enhance cooperation with and between member states , drawing on their own experiences .


### the evaluation report shall assess the performance of the office in the operation of this regulation , in particular as regards its impact on the protection of intellectual property rights in the internal market . ### the evaluation report shall assess the performance of the office in the operation of this regulation , in particular as regards its impact on the protection of intellectual property rights in the internal market , and shall focus on the various areas and sectors on which intellectual property rights have a bearing .


### the commission shall be empowered to adopt delegated acts in accordance with article 45 specifying which categories or classes of radio equipment are concerned by the requirement in the paragraph 1 , the required information and the operational rules for making the information on compliance available . ### the commission shall be empowered to adopt delegated acts in accordance with article 45 specifying which categories or classes of radio equipment are concerned by the requirement in the paragraph 1 , the required information on compliance and the operational rules for making the information on compliance available .


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


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


### in order to take the specificities of self - employed activities into account , female self - employed workers and female spouses or , when and insofar as recognised by national law female life partners , of self - employed workers , should be given access , as far as possible , to any existing services supplying temporary replacement enabling interruptions in their occupational activity owing to pregnancy or motherhood , or to any existing national social services . access to those services can be an alternative to or a part of the maternity allowance . ### in order to take the specificities of self - employed activities into account , female self - employed workers and female spouses or , when and in so far as recognised by national law female life partners , of self - employed workers , should be given access to any existing services supplying temporary replacement enabling interruptions in their occupational activity owing to pregnancy or motherhood , or to any existing national social services . access to those services can be an alternative to or a part of the maternity allowance .


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


### the member states shall take the necessary measures to ensure that female self - employed workers and female spouses and life partners referred to in article 2 have access as far as possible to any existing services supplying temporary replacements or to any existing national social services . the member states may provide that access to those services is an alternative to or a part of the allowance referred to in paragraph 1 of this article . ### the member states shall take the necessary measures to ensure that female self - employed workers and female spouses and life partners referred to in article 2 have access to any existing services supplying temporary replacements or to any existing national social services . the member states may provide that access to those services is an alternative to or a part of the allowance referred to in paragraph 1 of this article .


### member states shall communicate all available information concerning the application of this directive to the commission by . . . * . the commission shall draw up a summary report for submission to the european parliament and to the council no later than …** . where appropriate , that report shall be accompanied by proposals for amending this directive . ___________ * oj : please insert the date that is six years after the entry into force of this directive . ** oj : please insert the date that is seven years after the entry into force of this directive . ### member states shall communicate all available information concerning the application of this directive to the commission by . . . * . the commission shall draw up a summary report for submission to the european parliament and to the council no later than …** . that report should take account of any change in the eu legislation concerning the duration of maternity leave for employees . where appropriate , that report shall be accompanied by proposals for amending this directive . ___________ * oj : please insert the date that is five years after the entry into force of this directive . **oj : please insert the date that is six years after the entry into force of this directive .


### the full consistency between the union multilateral surveillance framework established by the treaty and the possible policy conditions attached to this financial assistance should be enshrined in union law . the economic and financial integration of the member states whose currency is the euro calls for a reinforced surveillance to prevent a contagion from a member state experiencing difficulties with respect to its financial stability to the rest of the euro area . ### the full consistency between the union multilateral surveillance framework established by the treaty and the possible policy conditions attached to this financial assistance , coupled with incentives to promote growth , should be enshrined in union law . the economic and financial integration of the member states whose currency is the euro calls for a reinforced surveillance to prevent a contagion from a member state experiencing difficulties with respect to its financial stability to the rest of the euro area .


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


### a member state receiving financial assistance from one or several other states , the imf , the efsf or the esm shall prepare in agreement with the commission - acting in liaison with the ecb - a draft adjustment programme aimed at re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft adjustment programme shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 of the treaty - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures . ### a member state receiving financial assistance from one or several other states , the imf , the efsf or the esm shall prepare in agreement with the commission - acting in liaison with the ecb - a draft adjustment programme aimed at re - establishing a sound and sustainable and employment promoting economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft adjustment programme shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 of the treaty - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures .


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


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


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


### the minimum condition to form a kic is the participation of at least three partner organisations , established in at least three different member states . all these partner organisations must be independent of each other , within the meaning of article 7 of rules for participation . ### the minimum condition to form a kic is the participation of at least three partner organisations , established in at least three different member states . when one of the partner organisations is a european grouping of territorial cooperation , the eit shall lay down specific provisions that take account of the fact that the egtc is international in nature . all these partner organisations must be independent of each other , within the meaning of article 7 of the rules for participation ;


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


### directive 2003 / 98 / ec does not contain an obligation to allow re - use of documents . the decision whether or not to authorise re - use remains with the member sates or the public sector body concerned . at the same time , the directive builds on national rules on access to documents . some member states have expressly linked the right of re - use to this right of access , so that all generally accessible documents are re - usable . in other member states , the link between the two sets of rules is less clear and this is a source of legal uncertainty . ### directive 2003 / 98 / ec does not contain an obligation for member states to allow access to , and re - use of , public - sector documents the decision whether or not to authorise re - use remains with the member sates or the public sector body concerned . the directive only harmonises the conditions subject to which documents are made available for re - use . at the same time , the directive builds on national rules on access to documents . some member states have expressly linked the right of re - use to this right of access , whereas other member states have legally separated the right of re - use from national rules on access to information and freedom of information .


### the scope of application of the directive is extended to libraries , museums and archives . the directive does not apply to other cultural institutions , such as operas , ballets or theatres , including the archives that are part of these institutions . ### the scope of application of the directive is extended to libraries , museums and archives , encouraging the use of virtualisation of historical sites in order to simplify access to this type of information . the directive does not apply to other cultural institutions , such as operas , ballets or theatres , including the archives that are part of these institutions .


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


### where charges are made for the re - use of documents , they should in principle be limited to the marginal costs incurred for their reproduction and dissemination , unless exceptionally justified according to objective , transparent and verifiable criteria . the necessity of not hindering the normal running of public sector bodies covering a substantial part of the operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into consideration . the burden of proving that charges are cost - oriented and comply with relevant limits should lie with the public sector body charging for the re - use of documents . ### where charges are made for the re - use of documents , they should in principle be limited to the marginal costs incurred for their reproduction , provision and dissemination , unless exceptionally justified according to objective , transparent and verifiable criteria . the necessity of not hindering the normal running of public sector bodies covering a substantial part of the operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into consideration . the burden of proving that charges are cost - oriented and comply with relevant limits should lie with the public sector body charging for the re - use of documents .


### proper implementation of some of the features of this directive , such as means of redress , compliance with charging principles and reporting obligations require supervision by independent authorities competent on the re - use of public sector information . to ensure consistency between approaches at union level , coordination between the independent authorities should be encouraged , particularly through exchange of information on best practices and data re - use policies . ### proper implementation of some of the features of this directive , such as means of redress , compliance with charging principles and reporting obligations require supervision by independent authorities competent on the re - use of public sector information . member states have a responsibility to make appropriate national authorities responsible for supervision . to ensure consistency between approaches at union level , coordination between the independent authorities should be encouraged , particularly through exchange of information on best practices and data re - use policies .


### the commission should assist the member states in implementing the directive in a consistent way by giving guidance , particularly on charging and calculation of costs , on recommended licensing conditions and on formats , after consulting interested parties . ### the commission should assist the member states in implementing the directive in a consistent way by making proposals and laying down guidelines , particularly on charging and calculation of costs , on recommended licensing conditions and on formats , after consulting interested parties .


### ' machine - readable ' means that digital documents are sufficiently structured for software applications to identify reliably individual statements of fact and their internal structure . ’ ### ' machine - readable ' means that digital documents are structured so that software applications can , in a technology - neutral manner , extract individual data which are of interest . ’


### subject to paragraph member states shall ensure that documents referred to in article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### subject to paragraph member states shall ensure that documents of public sector bodies referred to in article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv , provided that the documents concerned are of types classified as accessible under the rules which exist in the member states regarding access to public - sector information . where possible , these documents shall be disseminated in technology - neutral , machine - readable form .


### for documents for which libraries , museums and archives have intellectual property rights , member states shall ensure that , where the re - use of documents is allowed , these documents shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### for documents for which libraries , museums and archives have intellectual property rights , member states shall ensure that , where the re - use of documents is allowed , these documents shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv , provided that the documents concerned are of types classified as accessible under the rules which exist in the member states regarding access to public - sector information . where possible , these documents shall be disseminated in technology - neutral , machine - readable form .


### ‘ the means of redress shall include the possibility of review by an independent authority that is vested with specific regulatory powers regarding the re - use of public sector information and whose decisions are binding upon the public sector body concerned . ’ ### ‘ the means of redress shall include the possibility of review by a national authority that is vested with specific dispute settlement powers . ’


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


### where charges are made for the re - use of documents , the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction and dissemination . ' ### where charges are made for the re - use of documents , the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction , provision and dissemination . '


### in exceptional cases , in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the independent authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article . ’ ### paragraph 1 shall not apply to : exceptional cases in which public sector bodies need to make a profit in order to cover a large part of the costs they have incurred in carrying out their public remit ; libraries , museums and archives .


### in article 7 , the words ‘ over and above the marginal costs or’ are inserted after ‘ calculation of charges’ . ### in article 7 , the third sentence is replaced by the following : ‘ the public sector body in question shall also indicate which factors will be taken into account in the calculation of charges as referred to in article 6 . ’


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


### member states shall ensure that practical arrangements facilitating the cross - lingual search for documents available for re - use are in place , such as asset lists of main documents with relevant metadata , accessible preferably online and in machine - readable format , and portal sites that are linked to decentralised asset lists . ’ ### member states shall make practical arrangements to facilitate searches for documents available for re - use throughout the union , such as asset lists of main documents with relevant metadata , accessible preferably in technology - neutral , machine - readable format , and portal sites that are linked to asset lists . ’


### in article 11 , the following sentence is added at the end of paragraph 3 : ‘ however , such arrangements involving cultural establishments and university libraries shall be terminated at the end of the contract or in any case not later than 31 december 20xx [ 6 years after entry into force of the directive ] . ’ ### paragraph 3 of article 11 shall read as follows : ‘ 3 . existing exclusive arrangements that do not qualify for an exception under paragraph 2 shall be terminated at the end of the contract or in any case not later than 31 december 2008 . such arrangements concerning libraries , museums and archives which do not qualify for an exception under paragraph 2 or paragraph 2a shall be terminated at the end of the contract or in any case not later than 31 december 20xx [ 6 years after entry into force of the directive ] . ’


### in article 13 the date of 1 july 2008 is replaced by [ 3 years after the transposition date ] and the following paragraph is added : ### in article 13 the date of 1 july 2008 is replaced by [ 5 years after the date of entry into force ] and the following paragraph is added :


### ‘ member states shall submit a yearly report to the commission on the extent of the re - use of public sector information , the conditions under which it is made available and the work of the independent authority referred to in article 4 . ’ ### ‘ member states shall submit a report to the commission every two years on the extent of the re - use of public sector information , the conditions under which it is made available and the work of the independent authority referred to in article 4 . ’


### under decision 1 / cp . 15 , the union and the member states committed to providing substantial climate financing to support adaptation and mitigation actions in developing countries . in accordance with paragraph 40 of decision 1 / cp . 16 , each developed country party to the unfccc must enhance reporting on the provision of financial , technological and capacity - building support to developing country parties . enhanced reporting is essential to recognise union and member state efforts to meet their commitments . decision 1 / cp . 16 also established a new technology mechanism to enhance international technology transfer . this regulation should ensure that robust up - to - date information on technology transfer activities to developing countries is made available . ### under decision 1 / cp . 15 , the union and the member states committed to providing substantial climate financing to support adaptation and mitigation actions in developing countries . in accordance with paragraph 40 of decision 1 / cp . 16 , each developed country party to the unfccc must enhance reporting on the provision of financial , technological and capacity - building support to developing country parties . enhanced reporting is essential to recognise union and member state efforts to meet their commitments , in particular the commitments towards policy coherence for development enshrined in article 208 tfeu . decision 1 / cp . 16 also established a new technology mechanism to enhance international technology transfer . this regulation should ensure that robust up - to - date information on technology transfer activities to developing countries is made available .


### having regard to the treaty on the functioning of the european union , and in particular the third subparagraph of article 175 , in conjunction with articles 209 and 212 thereof , ### having regard to the treaty on the functioning of the european union , and in particular the third subparagraph of article 175 thereof ,


### having regard to the treaty on the functioning of the european union , and in particular the third subparagraph of article 175 in conjunction with articles 209 and 212 thereof , ### having regard to the treaty on the functioning of the european union , and in particular the third subparagraph of article 175 ,


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


### egtcs operate by nature in more than one member state . consequently , while article 2 of the egtc regulation before amendment allows that the convention and statutes may state the applicable law on certain issues and while such statements privilege - within the hierarchy of applicable law laid down in that article - the national laws of the member state where the egtc has its registered office , this should be clarified . at the same time , the provisions on applicable law should be extended to the acts and activities of an egtc . ### egtcs operate by nature in more than one member state . consequently , egtc regulation allows that the possibility for the convention and statutes to state the applicable law on certain issues . it should be clarified where such statements privilege - within the hierarchy of applicable law laid down in that article - the national laws of the member state where the egtc has its registered office . at the same time , the provisions on applicable law should be extended to the acts and activities of an egtc subject to legal scrutiny by member states in each individual case .


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


### the third subparagraph of article 175 of the treaty does not foresee the inclusion of entities from third countries in legislation based on that provision . the egtc regulation did not explicitly exclude the possibility of entities from third countries to participate in an egtc formed in accordance with this regulation where the legislation of a third country or agreements between member states and third countries so allow . ### regulation no 1082 / 2006 does not contain detailed rules concerning the participation of entities from third countries in an egtc formed in accordance with this regulation , i . e . between members from at least two member states . given the further alignment of the rules governing the cooperation between one or more member states and one or more third countries - predominantly in the context of cross - border cooperation under the european neighbourhood instrument and the instrument for pre - accession assistance , but also in the context of complementary financing from edf , and of transnational cooperation under the european territorial cooperation goal where allocations from eni and ipa ii will be transferred to pool these allocations with allocations from the european regional development fund under joint cooperation programmes - the participation of members from third countries neighbouring a member state including its outermost regions in egtcs set up between at least two member states should be explicitly provided for . this should be possible where the legislation of a third country or agreements between at least one participating member state and a third country so allows .


### experience shows that the involvement of authorities or other bodies from third countries equivalent to those eligible inside the member states has given rise to implementation difficulties . however , such involvement in egtcs set up by members drawn from two or more member states constitutes only an ancillary element to the cooperation inside the union and between member states . consequently , such involvement should be clarified without recourse to a different legal basis in the treaty . ### in order to strengthen union ' s economic , social and territorial cohesion and in this respect to reinforce in particular the effectiveness of territorial cooperation , including one or more of cross - border , transnational and interregional cooperation between members of an egtc , the participation of third countries neighbouring a member state should be allowed in an egtc . operations under european territorial cooperation programmes , where co - financed by the eu , should therefore , continue to pursue cohesion policy objectives , even if they are implemented , partly or in their entirety , outside the territory of the union , and , thus , the activities of an egtc are carried out at least to some extent outside the union territory . in this context and where relevant the contribution by the activities of an egtc having also members from third countries neighbouring at least one member state to the objectives of eu external actions ' policies remain merely incidental , as the centre of gravity of subject cooperation programmes and consequently the activities of an egtc should focus primarily on eu cohesion policy objectives . consequently , the possible development cooperation or economic , financial and technical cooperation objectives between only one member state , , and one or more third countries are only ancillary to the cohesion policy - based territorial cooperation objectives between member states . therefore , the third subparagraph of article 175 tfeu is sufficient legal basis for the adoption of the regulation .


### taking into account that , for the 2014 to 2020 period , there will be a special additional allocation for the cooperation of the outermost regions of the union , alongside authorities and bodies from third countries , authorities and bodies from overseas countries and territories as listed in annex ii to the treaty should also be involved . such cooperation is permitted by article 203 of the treaty . ### following the authorization for participation of national , regional , sub - regional and local authorities and organizations , as well as , where appropriate , other public bodies or institutions from an overseas country or territory in an egtc , based on article [ . . . ] 1 of council decision no . . . . / 2013 on the association of oct with the eu and taking into account the intention that for the 2014 to 2020 programming period a special additional financial allocation will reinforce the cooperation of the outermost regions of the union with neighbouring third countries and some of the neighbouring octs as listed in annex ii to the treaty the legal instrument of egtc should be also opened to members from octs . for the sake of legal certainty and transparency special approval procedures for the accession of members from an oct to an egtc should be established including in this regard , where necessary , special rules on applicable law to the concerned egtc with members also from an oct . __________________ 1 exact reference to be determined at a later stage in light of progress in negotiations on the overseas association decision .


### the egtc regulation distinguished between the convention laying down the constitutive elements of the future egtc and the statutes setting out the implementation elements . however , the statutes still had to contain all the provisions of the convention . it should therefore be clarified that the convention and the statutes are distinct documents and - although both shall be sent to member states - the approval procedure should be limited to the convention . in addition , some elements presently covered by the statutes should be covered by the convention instead . ### the egtc regulation distinguishes between the convention laying down the constitutive elements of the future egtc and the statutes setting out the implementation elements . however , the statutes have to contain all the provisions of the convention . it should be clarified that the convention and the statutes are distinct documents and - although both shall be sent to member states - the approval procedure should be limited to the convention . in addition , some elements presently covered by the statutes should be covered by the convention instead .


### experience from the setting up of egtcs shows that the three months period for approval by a member state has rarely been respected . the period should therefore be extended to six months . on the other hand , in order to create legal certainty after that period , the convention should be deemed to be approved by tacit agreement . while member states may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the egtc regulation , derogations to the provision concerning tacit agreement after the period of six months should be ruled out . ### experience from the setting up of egtcs shows that the three months period for approval by a member state has rarely been respected . the period should therefore be extended to six months . on the other hand , in order to create legal certainty after that period , the convention should be deemed to be approved by tacit agreement . while member states may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the egtc regulation , derogations to the provision concerning tacit agreement after the period of six months should be ruled out . the 6 month period provided for the member state to approve the set up of egtcs should allow enough time to the member state to express its concerns with regard the establishment of egtcs , and also for the applicants to take necessary steps to improve their application .


### experience from the setting up of egtcs shows that the three months period for approval by a member state has rarely been respected . the period should therefore be extended to six months . on the other hand , in order to create legal certainty after that period , the convention should be deemed to be approved by tacit agreement . while member states may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the egtc regulation , derogations to the provision concerning tacit agreement after the period of six months should be ruled out . ### experience from the setting up of egtcs shows that the three months period for approval by a member state has rarely been respected . the period should therefore be extended to six months . on the other hand , in order to create legal certainty after that period , the convention should be deemed to be approved by tacit agreement , where applicable , in accordance with the national law of the member states concerned . however , the member state where the proposed registered office of the egtc will be located should have to formally approve the convention . while member states may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the egtc regulation , derogations to the provision concerning tacit agreement after the period of six months should be ruled out except as provided for in this regulation .


### it should be clarified that member states should approve the convention unless it considers the participation of a prospective member is not in conformity with the egtc regulation , with other provisions of union law concerning the egtc ' s activities as laid down in the draft convention or with the national substantive law concerning the competences of the prospective member , unless such participation is not justified for reasons of public interest or public policy of that member state , while excluding from the scope of the scrutiny any national law requiring other or stricter rules and procedures than those foreseen by the egtc regulation . ### it should be clarified that member states should approve the convention unless it considers the participation of a prospective member is not in conformity with the egtc regulation , with other provisions of union law concerning the egtc ' s activities as laid down in the draft convention or with the national substantive law relating to the powers and competences of the prospective member ; it considers that participation is not justified for reasons of public interest or public policy of that member state , or it considers that the statutes are not consistent with the convention , while excluding from the scope of the scrutiny any national law requiring other or stricter rules and procedures than those foreseen by the egtc regulation .


### as the egtc regulation cannot apply in third countries or overseas territories , it should be specified that the member state where the proposed egtc ' s registered office will be located should ensure , when approving the participation of prospective members established under their law , that the third countries or overseas territories have applied equivalent conditions and procedures to those in the egtc regulation or in accordance with international agreements , especially under the council of europe acquis . it should also be specified that in the case of the involvement of several member states and one or more third countries or overseas territories , it should be sufficient that such an agreement has been concluded between the respective third country or overseas territory and one participating member state . ### as the egtc regulation cannot apply in third countries , it should be specified that the member state where the proposed egtc ' s registered office will be located should when approving the participation of prospective members established under their law , satisfy itself , in consultation with the other member states concerned , that the third countries have applied equivalent conditions and procedures to those in the egtc regulation or in accordance with international bilateral or multilateral agreements concluded between member states of the council of europe , whether or not they are also member states of the union , based on the madrid outline convention and the additional protocols adopted thereupon . it should also be specified that in the case of the involvement of several member states and one or more third countries , it should be sufficient that such an agreement has been concluded between the respective third country and one participating member state .


### in order to encourage the accession of additional members to an existing egtc , the procedure to amend conventions in such cases should be simplified . consequently , such amendments should not be notified to all participating member states , but only to the member state under whose national law the new prospective member is established . however , this simplification should not apply in case of a new prospective member from a third country or overseas territory in order to enable all participating member states to check whether such accession is in line with its public interest or public policy . ### in order to encourage the accession of additional members to an existing egtc , the procedure to amend conventions in such cases should be simplified . consequently , such amendments should , in the case of a new member from a member state that has already approved the convention , not be notified to all participating member states , but only to the member state under whose national law the new prospective member is established and the member state where the egtc ' s registered office is located . the subsequent amendment of the convention should be notified to all member states concerned . however , this simplification should not apply in case of a new prospective member from a member state that has not already approved the convention or from a third country or overseas territory in order to enable all participating member states to check whether such accession is in line with its public interest or public policy .


### the purpose of an egtc should be extended to cover the facilitating and promotion of territorial cooperation in general , including strategic planning and the management of regional and local concerns in line with cohesion and other union policies , thus contributing to the europe 2020 strategy or to the implementation of macro - regional strategies . in addition , it should be clarified that a given competence needed for the efficient implementation of an egtc should be represented by at least one member in each of the member states represented . ### the purpose of an egtc should be extended to cover the facilitating and promotion of territorial cooperation in general , bringing down barriers in territorial cooperation , including focus on strategic planning and the management of regional and local concerns in line with cohesion and other union policies , thus contributing to the europe 2020 strategy or to the implementation of macro - regional strategies . in addition , it should be clarified that a given competence needed for the efficient implementation of an egtc should be represented by at least one member in each of the member states represented .


### while it is laid down that the tasks do not concern , among others , ‘ regulatory powers’ , which may have different legal consequences in different member states , it should nevertheless be specified that an egtc ' s assembly may define the terms and conditions of the use of an item of infrastructure the egtc is managing , including the tariffs and fees to be paid by the users . ### while it is laid down that the tasks do not concern , among others , ' regulatory powers ' , which may have different legal consequences in different member states , it should nevertheless be specified that an egtc ' s assembly may , if the egtc convention specifically so provides , and , in compliance with national and union law , define the terms and conditions of the use of an item of infrastructure the egtc is managing , or the terms and conditions according to which a service of general economic interest can be provided including the tariffs and fees to be paid by the users .


### it should be specified that the convention should not only repeat a reference to the applicable law in general as already laid down in article 2 , but should list the specific union or national rules applicable to the egtc as a legal body or to its activities . in addition , it should be specified that such national legislation or rules may be those of the member state where statutory organs exercise their powers , especially where the staff working under the responsibility of the director is located in a member state other than the member state where its office is registered , or where the egtc carries out its activities including where it is managing public services of general economic interest or infrastructures . ### it should be specified that the convention should not only repeat a reference to the applicable law in general as already laid down in article 2 , but should list the union or national rules applicable to the egtc as a legal body or to its activities . in addition , it should be specified that such national legislation or rules may be those of the member state where statutory organs exercise their powers , especially where the staff working under the responsibility of the director is located in a member state other than the member state where its office is registered , or the applicable union and national law directly relevant to the egtc activities carried out under the tasks specified in the convention , including where it is managing public services of general interest or infrastructures .


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


### member states should further exploit the possibilities foreseen under article 16 of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems to provide by common agreement for exceptions to articles 11 to 15 of that regulation in the interest of certain persons or categories of persons and to consider the staff of egtcs as being such a category of persons . ### member states should further exploit the possibilities foreseen under regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems to provide by common agreement for exceptions to the determination of the legislation applicable according to that regulation in the interest of certain persons or categories of persons and to consider the staff of egtcs as being such a category of persons .


### it should be clarified that the convention - and given the importance of this issue , not the statutes - should cover the arrangements for members ‘ liability in case of an egtc with limited liability . ### given their importance , it should be clarified that the convention , not the statutes , should cover the arrangements for members ' liability in case of an egtc with limited liability .


### egtcs whose members have limited liability should be more clearly distinguished from those whose members have unlimited liability . in addition , in order to enable egtcs whose members have limited liability to implement activities that might generate debts , member states should be allowed to require that such egtcs take appropriate insurance to cover the risks specific to the activities thereof . ### egtcs whose members have limited liability should be more clearly distinguished from those whose members have unlimited liability . in addition , in order to enable egtcs whose members have limited liability to implement activities that might generate debts , member states should be allowed to require that such egtcs take appropriate insurance or that they be subject to an appropriate financial guarantee to cover the risks specific to the activities thereof .