### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights in the interest of online accessibility , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and make possible online offers connected to linear broadcasting . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union .


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


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collective management organisation to manage and that any such consent is evidenced in documentary form with the exception of models of non - voluntary collective management . this paragraph does not apply to the arrangements in the member states concerning the administration of rights through extended collective licenses , legal presumptions of representation or transfer , mandatory collective management or similar arrangements or a combination of them .


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


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


### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise . the collecting society which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them . ### member states shall ensure that where a collective management organisation does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collective management organisation to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collective management organisation to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collective management organisation complying with the provisions of this title or any other party they authorise . the rightholders shall notify the affected collective management organisation of their decision without delay . the collective management organisation which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collective management organisation is established , unless the rightholders terminate their authorisation to manage them .


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


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collective management organisation by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . if the financial management practice of the collective management organisation is reasonably in doubt , the general meeting may decide to conduct an internal or external audit . the result of such audit shall be communicated to all members and if necessary to the competent national authority , so that appropriate procedures can be initiated .


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


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


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


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a blanket licence from a local collecting society for the rights to the world repertoire of musical works in order to communicate and make available to the public their own television and radio programmes and online services related to their broadcasts , such as material which supplements , enriches or otherwise expands on the broadcaster ' s programme offerings . such blanket licences for broadcasters respond to an actual need , are well established and generally accepted by right holders , broadcasters and collective management organisations alike . this directive should therefore maintain that established practice so as to avoid the application of different rules for the licensing of broadcasters ' offline and online services . for this reason it is necessary to exempt collective management organisations from the application of title iii when they license online services to broadcasters that are related to their offline broadcast services . this should not operate so as to distort competition with other services which give consumers access to individual musical works online , or lead to restrictive practices , such as market or customer sharing , and should remain in compliance with national and union law , in particular articles 101 or 102 of the treaty on the functioning of the european union .


### every member of a collecting society shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . ### every member of a collective management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . to be valid , the proxy shall have been given by the member to the proxy holder no more than three months before its use .


### tariffs for exclusive rights shall reflect the economic value of the rights in trade and of the service provided by the collecting society . ### the tariffs applied should be appropriate and calculated on the basis of objective criteria which reflect , in particular , the extent , nature and value of the use of the rights in trade .


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


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collective management organisation or the rightholder . collective management organisations shall have the right to require the exclusive assignment of the rights in all works of their members .


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


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


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation authorised by law or by way of assignment , licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one rightholder , for the collective benefit of those rightholders as its sole or one of its main purposes , which is : owned or controlled by its members , and / or organised on a not - for - profit basis ;


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members , representing different categories of rightholders , to be represented in a balanced manner in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function .


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


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collective management organisations act in the best interest of the rightholders whose rights they manage as trustees and do not impose on them any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders .


### member states shall ensure that a collecting society makes available at least once a year , by electronic means , the following information to each rightholder it represents : ### member states shall ensure that a collecting society makes available at least once a year , subject to applicable rules on data protection , by electronic means , the following information to each rightholder it represents :


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


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights in the interest of online accessibility , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and make possible online offers connected to linear broadcasting . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union .


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


### ‘ rights revenue’ means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ‘ rights revenue’ means income collected by a collective management organisation on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation , and including any income derived from the investments of rights revenue ;


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


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


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


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive collective management services across national borders entails that a rightholder is able to freely choose a collective management organisation for the management of his rights , whether they be communication to the public or reproduction rights , or categories of rights such as broadcasting , theatrical exhibition , or reproduction for online distribution but provided that the collective management organisation the rightholder wishes to choose already manages such rights or categories of rights . the rights or categories of rights or types of works and other subject matter managed by the collective management organisation should be determined by the general assembly of members and subject to , where applicable , an authorisation granted by the competent authority , without prejudicing the right of the rightholder to make such a choice under this directive . it is important that the rights and categories of rights are determined in a manner that maintains a balance between the freedom of rightholders to dispose of their works and other subject matter and the ability of the organisation to effectively manage the rights taking into account , in particular , the type of rights managed by the organisation and the creative sector in which the organisation operates . rightholders should be able to easily withdraw their rights or categories of rights or individual works from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works , individual works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibility for rightholders to manage their rights individually , including for non - commercial uses .


### member states shall ensure that the persons who effectively manage the business of a collecting society and its directors , with the exception of the directors exercising supervisory function , design procedures so as to avoid conflicts of interest . the collecting society shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the society . ### member states shall ensure that the persons who effectively manage the business of a collective management organisation and its directors , with the exception of the directors exercising supervisory function , design procedures so as to avoid conflicts of interest . the collective management organisation shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the organisation . such procedures shall also require that before taking up their duties and then once a year such persons and directors , make an individual statement on conflict of interests to the body entrusted with the supervisory function and to the members of the organisation , as well as make such a statement publicly accessible through the website of the collective management organisation .


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statute of the collective management organisation shall provide for appropriate and effective mechanisms of participation of its members in the decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced .


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


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


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statutes of the collective management organisations shall lay down appropriate , effective and transparent mechanisms of participation of their members in the decision - making process of the collective management organisation . the representation of the different categories of members at all levels of the decision - making process shall be fair and organised on a footing of equality .


### complaints ### monitoring implementation of the directive


### the rules on deductions from rights revenue . ### the general policy on deductions from rights revenue and on income derived from its investment , to the extent investments are allowed by the member states ;


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


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


### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society and admitted by it ;


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders may authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . rightholders may authorise a collecting society to manage their rights on an exclusive or a non - exclusive basis .


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


### commission recommendation 2005 / 737 / ec promoted a new regulatory environment better suited to the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation , due to its voluntary nature , has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing . ### commission recommendation 2005 / 737 / ec promoted a new regulatory environment better suited to the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing .


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


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


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow the different categories of members to be represented in fair and balanced manner in the body that exercises this function .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report .


### any restriction on the right of the members of the collecting society to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria : ### every member of a collective management organisation shall have the right to vote at the general meeting , including by electronic vote . any restriction on the right of a member of the collective management organisation to participate and to exercise its voting rights at the general meeting shall be fair and proportionate and be based on the following criteria :


### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise . the collecting society which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them . ### member states shall ensure that where a collective management organisation does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collective management organisation to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collective management organisation to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collective management organisation complying with the provisions of this title or any other party they authorise . the rightholders shall notify the affected collective management organisation of their decision without delay . the collective management organisation which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collective management organisation is established , unless the rightholders terminate their authorisation to manage them .


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


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive collective management services across national borders entails that a rightholder is able to freely choose a collective management organisation for the management of his rights , whether they be communication to the public or reproduction rights , or categories of rights such as broadcasting , theatrical exhibition , or reproduction for online distribution but provided that the collective management organisation the rightholder wishes to choose already manages such rights or categories of rights . the rights or categories of rights or types of works and other subject matter managed by the collective management organisation should be determined by the general assembly of members and subject to , where applicable , an authorisation granted by the competent authority , without prejudicing the right of the rightholder to make such a choice under this directive . it is important that the rights and categories of rights are determined in a manner that maintains a balance between the freedom of rightholders to dispose of their works and other subject matter and the ability of the organisation to effectively manage the rights taking into account , in particular , the type of rights managed by the organisation and the creative sector in which the organisation operates . rightholders should be able to easily withdraw their rights or categories of rights or individual works from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works , individual works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibility for rightholders to manage their rights individually , including for non - commercial uses .


### the assets shall be invested in the best interests of members ; where there is any potential conflict of interest , the collecting society shall ensure that the investment is made in the sole interest of members ; ### the assets shall be invested in such a way as to avoid any potential conflict of interest ;


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


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collecting society ' means any non - profit organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or directly or indirectly controlled by right holders ;


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


### the general investment policy , including on granting loans or providing security or guarantee for loans , with regard to rights revenue ; ### the general investment policy with regard to rights revenue and risk management ;


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


### holdings can be excluded if they are of less than 0 . 1 hectare , producing entirely or mainly for the market of each permanent crop referred to in each member state if their cumulated area represents less than 5% of the total planted area of the individual crop . ### holdings can be excluded if they are of less than 0 . 2 hectare , producing entirely or mainly for the market of each permanent crop referred to in each member state if their cumulated area represents less than 5% of the total planted area of the individual crop .


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


### commission proposal ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition forbidding entry into any localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; any other obligations or prohibitions imposed in order to guarantee the protection of the protected person .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### the programme should also take into account decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community and the technical expertise of the european conference of postal and telecommunications administrations so that union policies which rely on spectrum and were agreed by parliament and council can be implemented by technical implementing measures , noting that such measures can be taken whenever necessary to implement already existing union policies . ### the programme should also take into account decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community and the technical expertise of the european conference of postal and telecommunications administrations . union policies which rely on spectrum and were agreed by parliament and council should be implemented by technical implementing measures in so far as there is express statutory provision for this .


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### if necessary , the commission shall ensure the continued availability of spectrum for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access .


### harmonised standards under directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions . european standards for non - radio electric and electronic equipment and networks should also avoid disturbance to spectrum use . the cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management . these should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms . ### harmonised standards under directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment , the mutual recognition of their conformity and future harmonisations in respect of electronic networks and wireless devices are essential to achieve efficient spectrum use and should ensure the coexistence of existing and new applications . european standards for non - radio electric and electronic equipment and networks should also avoid disturbance to spectrum use . the cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management . these should be examined and reassessed together with receiver characteristics - such as increasing reliability of receivers and appropriate output levels for emitting devices - and more sophisticated interference avoidance mechanisms .


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in exceptional cases , duly justified for technical reasons , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for electronic communications services .


### member states shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under union law , and that a sufficient amount of appropriately protected spectrum is available for union sectoral policies . ### member states shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under member state and union law , and that a sufficient amount of appropriately protected spectrum is available for union sectoral policies .


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays , promote effective competition and take account of the position of consumers with regard to the coexistence of applications . .


### for the purposes of this chapter , ‘ regional trade’ shall be understood as trade , for each french overseas department , with the azores and madeira and the canary islands , with third countries established by the commission by means of an implementing act . ### for the purposes of this chapter , ‘ regional trade’ shall be understood as trade , for each french overseas department , the azores and madeira and the canary islands , with third countries belonging to the same geographical area as those outermost regions , and with countries with which there are historical trade links . the list of these countries shall be established by the commission by means of an implementing act , taking into account objective requests made by the member states following consultation with the sectors concerned . this list could be revised every two years at the request of the member states . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its problems in adapting to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , provided that this does not pose an obstacle to the collection and marketing of all locally produced milk , or hamper the efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . this provision should also be applicable in martinique , french guiana and guadeloupe , should france make such a request citing the wish of local stakeholders to be covered by it and their ability to develop the milk sector .


### in order to achieve in an effective manner the lowering of prices in the outermost regions and mitigating the additional costs of their extreme remoteness , all the while maintaining the competitiveness of eu products , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost of transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas . ### in order to achieve in an effective manner the lowering of prices in the outermost regions , mitigating the additional costs of their extreme remoteness , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost relating to transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas .


### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . ### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may , after consulting the socioeconomic operators concerned , submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall assess the amendments proposed and decide on whether to approve them . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### delegated acts the power to adopt the delegated acts referred to in this regulation shall be conferred on the commission for an indeterminate period of time . as soon as it adopts a delegated act , the commission shall provide simultaneous notification thereof to the european parliament and to the council . 2 . the delegation of power referred to in paragraph 1 may be revoked at any time by the european parliament or by the council . the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall inform the other legislator and the commission at the latest one month before the final decision is taken , stating the delegated powers which could be subject to revocation and the reasons for a revocation . the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . 3 . the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . if , on expiry of that period , neither the european parliament nor the council has objected to the delegated act , or if , before that date , the european parliament and the council have both informed the commission that they have decided not to raise objections , the delegated act shall enter into force at the date stated in its provisions . if the european parliament or the council objects to a delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act . ### exercise of the delegation the power to adopt delegated acts shall be conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in articles 6 , 11 , 13 , 17 , 18 , 20 , 23 , 26 and 29 shall be conferred on the commission for a period of five years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . 3 . the delegation of power referred to in articles 6 , 11 , 13 , 17 , 18 , 20 , 23 , 26 and 29 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following its publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . 4 . as soon as the commission adopts a delegated act , it shall notify it simultaneously to the european parliament and to the council . 5 . delegated acts adopted pursuant to articles 6 , 11 , 13 , 17 , 18 , 20 , 23 , 26 and 29 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of two months of adoption of that act , or if the european parliament and the council have both informed the commission before the deadline expires that they will not object . at the initiative of the european parliament or the council this period shall be extended by two months . _______________ * date of entry into force of this regulation .


### the aid amount established for each measure or action in order to achieve one or more objectives for the programme . ### the aid amount established for each measure and the provisional amount for each action in order to achieve one or more objectives for the programme .


### implementation of this regulation must not jeopardise the level of special support from which the outermost regions have benefited up to now . for that reason , so that they can implement the appropriate measures , the member states should have at their disposal sums equivalent to the support already granted by the community under regulation no 247 / 2006 . ### in order to ensure that the objectives of this regulation , in particular the safeguarding and development of agricultural activity in the outermost regions , are met , the sums equivalent to the support already granted by the union to these areas under regulation no 247 / 2006 should be reviewed .


### the measures referred to in articles 103v , 103w and 103y of regulation no 1234 / 2007 shall not apply to the canary islands . ### the measures referred to in articles 85g , 85h , 85i , 85j , 85k , 85m , 103v , 103w and 103y of regulation no 1234 / 2007 shall not apply to the canary islands .


### implementation of this regulation must not jeopardise the level of special support from which the outermost regions have benefited up to now . for that reason , so that they can implement the appropriate measures , the member states should have at their disposal sums equivalent to the support already granted by the community under regulation no 247 / 2006 . ### in order to ensure that the objectives of this regulation , in particular the safeguarding and development of agricultural activities in the outermost regions , are met , the sums equivalent to the support already granted by the union to the outermost regions under regulation no 247 / 2006 should be reviewed .


### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 and article 43 thereof , ### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 , article 43 and article 349 thereof ,


### in respect of each financial year , the union shall finance the measures provided for in chapters iii and iv , up to an annual sum equivalent to : ### in respect of each financial year , the union shall finance the measures provided for in chapters iii and iv , up to a minimum annual sum equivalent to :


### the maintenance of vineyards , which are the most widespread type of cultivation in the regions of madeira and the canary islands and a very important one for the azores , is an economic and environmental imperative . to help support production , neither the abandonment premiums nor the market mechanisms provided for in regulation no 1234 / 2007 should be applicable in these regions , but nonetheless , in the canary islands , it should be possible to apply crisis distillation measures in the event of exceptional market disturbance arising from quality problems . similarly , technical and socio - economic difficulties have prevented complete conversion , within the time limits established , of the areas in the regions of madeira and the azores under vines of hybrid varieties prohibited by regulation no 1234 / 2007 . the wine produced by such vineyards is intended solely for traditional local consumption . ### the maintenance of vineyards , which are the most widespread type of cultivation in the regions of madeira and the canary islands and a very important one for the azores , is an economic , social and environmental imperative . to help support production , neither the abandonment premiums nor the market mechanisms provided for in regulation no 1234 / 2007 should be applicable in these regions , but nonetheless , in the canary islands , it should be possible to apply crisis distillation measures in the event of exceptional market disturbance arising from quality problems . similarly , technical and socio - economic difficulties have prevented complete conversion , within the time limits established , of the areas in the regions of madeira and the azores under vines of hybrid varieties prohibited by regulation no 1234 / 2007 . the wine produced by such vineyards is intended solely for traditional local consumption .


### exported to third countries as part of regional trade in accordance with the destinations and conditions determined by the commission by means of an implementing act ; ### exported to third countries as part of regional trade ;


### member states shall submit to the commission , not later than 31 july each year , a report on the implementation of the measures provided for in this regulation over the previous year . ### member states shall submit to the commission , not later than 30 september each year , a report on the implementation of the measures provided for in this regulation over the previous year .


### given that rice constitutes a staple of the diet of réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax . ### given that rice constitutes a staple of the diet of réunion and that rice processing and polishing industries have been established there for many years , and since the island does not produce sufficient quantities of rice to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax .


### guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs due to extreme remoteness ; ### guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs due to extreme remoteness , without harming local production and the growth thereof ;


### france and portugal shall submit programmes to the commission for the control of organisms harmful to plants or plant products in the french overseas departments and the azores and madeira respectively . the programmes shall specify in particular the objectives to be achieved , the measures to be carried out , their duration and their cost . the programmes submitted pursuant to this article shall not concern the protection of bananas . ### the member states shall submit programmes to the commission for the control of organisms harmful to plants or plant products in the outermost regions . the programmes shall specify in particular the objectives to be achieved , the measures to be carried out , their duration and their cost .


### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the climate and the inadequacy of the control measures hitherto applied there . programmes should therefore be implemented to combat harmful organisms , including by organic methods . the union’s financial contribution towards such programmes should be defined . ### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the increase in imports , the climate and the inadequacy of the control measures hitherto applied there . programmes should therefore be implemented to combat harmful organisms , including by sustainable and environmentally sound organic methods , alongside training programmes . the union’s financial contribution towards such programmes should be defined .


### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the climate and the inadequacy of the control measures hitherto applied there . programmes should therefore be implemented to combat harmful organisms , including by organic methods . the union’s financial contribution towards such programmes should be defined . ### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the increase in imports , the climate and the inadequacy of the control measures hitherto applied there . research and training programmes should therefore be implemented to combat harmful organisms , including by sustainable and environmentally sound organic methods . the union’s financial contribution towards such programmes should be defined .


### - in the overseas departments of france : eur 24 . 8 million ### - in the overseas departments of france : eur 26 . 9 million


### member states shall ensure that publicly accessible lng refuelling points for maritime and inland waterway transport are provided in all maritime ports of the trans - european transport core network by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the sector concerned , shall ensure that the main maritime ports of the trans - european transport core network are equipped with publicly accessible lng refuelling points for maritime and inland waterway transport , with appropriate distances between them , to allow the circulation of lng vessels union - wide by 31 december 2030 at the latest . actual market needs and existing bunkering points shall be taken into consideration when defining the network of lng refuelling points in maritime ports .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member states shall endeavour to ensure that an indicative number of recharging points for electric vehicles are put into place , by 31 december 2030 at the latest .


### member states should ensure that publicly accessible infrastructure for the supply of gaseous compressed natural gas to motor vehicles is built up , with distances between refuelling points allowing area covering circulation of cng vehicles across the union , as well as a certain number of refuelling points located in urban agglomerations . ### member states should ensure , in close cooperation with regional and local authorities and the sector concerned , and depending on technical feasibility and cost - effectiveness , that sufficient and publicly accessible infrastructure for the supply of gaseous compressed natural gas to motor vehicles is built up .