### member states shall ensure that all unit packets of tobacco products shall be marked with a unique identifier . in order to ensure their integrity , unique identifiers shall be irremovably printed / affixed , indelible and in no way hidden or interrupted in any form , including through tax stamps and price marks , or by the opening of the packet . in relation to products manufactured outside the union the obligations laid down in this article apply only to those destined to or placed on the union market . ### member states shall require that unique , secure and non - removable identification markings hereafter called unique identification markings , such as codes or stamps , are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes . in order to ensure their integrity , unique identifiers shall be irremovably printed / affixed , indelible and in no way hidden or interrupted in any form , including through tax stamps and price marks , or by the opening of the packet . in relation to products manufactured outside the union the obligations laid down in this article apply only to those destined to or placed on the union market .


### member states shall oblige retail outlets intending to engage in cross - border distance sales to consumers located in the union to register with the competent authorities in the member state where the retail outlet is established and in the member state where the actual or potential consumer is located . retail outlets established outside the union have to register with the competent authorities in the member state where the actual or potential consumer is located . all retail outlets intending to engage in cross - border distance sales shall submit at least the following information to the competent authorities : ### member states shall prohibit cross - border distance sales of tobacco products to consumers located in the union as well as distribution of free or discounted tobacco products including through cross - border distance sales .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ or ‘ organic’ . in case the package creates a misleading impression that the cigarettes are less harmful , health warnings must be adapted accordingly .


### ‘ substantial change of circumstances’ means an increase of the sales volumes by product category , such as pipe tobacco , cigar , cigarillo , by at least 10 % in at least 10 member states based on sales data transmitted in accordance with article 5 ; or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 member states for the respective product category based on ____ [ this date will be set at the moment of adoption of the directive ] eurobarometer report or equivalent prevalence studies ; ### ‘ substantial change of circumstances’ means an increase of the sales volumes by product category , such as pipe tobacco , cigar , cigarillo , by at least 20 % in the10 member states with the highest volume of sales , based on sales data transmitted in accordance with article 5 ; or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 member states for the respective product category based on ____ [ this date will be set at the moment of adoption of the directive ] eurobarometer report or equivalent prevalence studies ;


### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; ### cover 40 % of the external area of the front and 50 % of the external area of the back surface of the unit packet and any outside packaging ;


### however , a member state may maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health . a member state may also introduce more stringent provisions , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within six months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved . ### however , a member state may maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health . a member state may also introduce more stringent provisions , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within 12 months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim , consistent with wto rules and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved .


### draft legislative resolution ### recalls , in particular , that in the same resolution the european parliament stresses that “a successful and strengthened cohesion policy needs adequate funding” and concludes that “the amounts allocated to it in the current financial programming period should be at least maintained in the next period” ;


### the european parliament or the council may revoke the delegation of power referred to in articles 3 , 4 , 8 , 10 , 22 and 23 at any time . a revocation decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified in the decision . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 3 , 4 , 8 , 10 , 22 and 23 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 the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### changes in technical requirements need to be taken into account for reasons of safety of inland navigation and equivalence of certificates . in order to do so , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to adapt the annexes to this directive in line with scientific and technical progress or with developments in this area arising from the work of other international organisations , in particular the ccnr . it is particularly important that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council . ### in order to ensure a high level of safety and efficiency for inland navigation and to maintain the equivalence of the navigation certificates , the technical requirements defined in the annexes to this directive should be kept up to date in order to take into account scientific and technical progress , and technical standards in the field of inland navigation . in order to do so , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the adaptation of the annexes to this directive to scientific and technical progress or to developments and updates of technical standards arising from the work of other international organisations , in particular the ccnr . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### these data are to be provided in the annual implementation reports as specified in article 44 of regulation no [ … ] . they are to be collected based on a representative sample of participants within each priority axis . internal validity of the sample should be ensured in such a way that the data can be generalised at the level of priority axis . all data are to be broken down by gender . ### these data are to be provided in the annual implementation reports as specified in article 44 of regulation no [ … ] . they are to be collected based on a representative sample of participants within each priority axis . internal validity of the sample should be ensured in such a way that the data can be generalised at the level of priority axis . all data are to be broken down by gender and by nuts level .


### these data on participants entering an esf supported operation are to be provided in the annual implementation reports as specified in article 44 and and article 101 of regulation no [ … ] . all data are to be broken down by gender . ### these data on participants entering an esf supported operation are to be provided in the annual implementation reports as specified in article 44 and and article 101 of regulation no [ … ] . all data are to be broken down by gender and by nuts level .


### these data are to be provided in the annual implementation reports as specified in article 44 and and article 101 of regulation no [ … ] . all data are to be broken down by gender . ### these data are to be provided in the annual implementation reports as specified in article 44 and and article 101 of regulation no [ … ] . all data are to be broken down by gender and by nuts level .


### in addition , it is necessary to define the type of measures that may be taken with regard to countries allowing non - sustainable fishing and to establish general conditions for the adoption of such measures so they are based on objective criteria , equitable , cost - effective and compatible with international law , in particular the agreement establishing the world trade organization . ### in addition , it is necessary to define the type of measures that may be taken with regard to countries allowing non - sustainable fishing and to establish general conditions for the adoption of such measures so they are based on objective criteria , equitable , cost - effective and compatible with international law , in particular the agreement establishing the world trade organization . these measures should take particular account of the level of development and the vulnerability of the country concerned , so that they do not cause developing countries to be burdened either directly or indirectly with a disproportionate share of efforts to conserve fish stocks .


### ' weighing instrument ' means a measuring instrument serving to determine the mass of a body by using the action of gravity on that body or serving to determine other mass - related magnitudes , quantities , parameters or characteristics ; ### ' weighing instrument ' means a measuring instrument serving to determine the mass of a body by using the action of gravity on that body . a weighing instrument may also serve to determine other mass - related magnitudes , quantities , parameters or characteristics ;


### where , within two months of receipt of the information referred to in paragraph 4 , no objection has been raised by either a member state or the commission in respect of a provisional measure taken by a member state , that measure shall be deemed justified . ### where , within three months of receipt of the information referred to in paragraph 4 , no objection has been raised by either a member state or the commission in respect of a provisional measure taken by a member state , that measure shall be deemed justified .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the vessel or , where that is not possible , on its packaging or in a document accompanying the vessel . ### importers shall indicate their name , registered trade name or registered trade mark , their website address in a language easily understood by end - users and market surveillance authorities , and the address at which they can be contacted on the vessel or , where that is not possible , on its packaging or in a document accompanying the vessel .


### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . the commission shall make those texts publicly available by publishing them on the internet .


### the means of redress shall include the possibility of review by an independent authority that is vested with specific regulatory powers regarding the re - use of public sector information and whose decisions are binding upon the public sector body concerned . ### the means of redress shall include a reference to the possibility of review by an authority in the member states .


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


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


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


### “machine - readable” means that digital documents are sufficiently structured for software applications to identify reliably individual statements of fact and their internal structure . ### “document in a machine - readable format” means a digital document in a file format which allows software applications to easily identify , recognise and extract data of interest from that document in a technologically neutral way .


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


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


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects of both construction and operational phases , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , to identify any unforeseeable adverse effects , and / or net biodiversity loss and to facilitate corrective action .


### it is necessary to amend directive 2011 / 92 / eu in order to strengthen the quality of the environmental assessment procedure , streamline the various steps of the procedure and enhance coherence and synergies with other union legislation and policies , as well as strategies and policies developed by member states in areas of national competence . ### it is necessary to amend directive 2011 / 92 / eu in order to strengthen the quality of the environmental assessment procedure , streamline the various steps of the procedure and enhance coherence and synergies with other union legislation and policies , as well as strategies and policies developed by member states in areas of national competence . in many cases administrative procedures became too complicated and extended , causing delays and creating additional risks for the protection of the environment . in this respect , simplification and harmonization of the proceedings shall be one of the aims of the directive . the suitability of creating a one - stop shop is to be taken into account with a view to allow coordinated assessment or joint procedures when several eia ' s are required , for instance in cases of cross - border projects , as well as to define more specific criteria mandatory assessments .


### ' 5 . the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### ' 5 . the competent authority shall make its determination pursuant to paragraphs 2 and 4a , taking into account any information provided by the developer under paragraph 3 and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . where the competent authority determines that no environmental impact assessment need to be carried out pursuant to articles 5 to 10 on grounds that the project does not meet or exceed a relevant threshold or criterion set by the member state under paragraph 2 then such determination shall be made available to the public . otherwise , the determination pursuant to paragraph 2 shall :


### climate change will continue to cause damage to the environment and compromise economic development . accordingly , the environmental , social and economic resilience of the union should be promoted so as to deal with climate change throughout the union’s territory in an efficient manner . climate change adaptation and mitigation responses need to be addressed across many of the sectors of union legislation . ### climate change will continue to pose a threat to the environment and compromise the predictability of economic development . accordingly , the environmental , social and economic resilience of the union should be promoted so as to deal with climate change throughout the union’s territory in an efficient manner . climate change adaptation and mitigation responses need to be addressed across many of the sectors of union legislation .


### ‘ 1 . where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### ‘ 1 . where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact and the alternatives to the proposed project which have been assessed by the developer . the detailed list of information to be provided in the environmental report is specified in annex iv .


### the time - frames for consulting the public concerned on the environmental report referred to in article 5 shall not be shorter than 30 days or longer than 60 days . in exceptional cases , where the nature , complexity , location or size of the proposed project so require , the competent authority may extend this time - frame by a further 30 days ; in that case , the competent authority shall inform the developer of the reasons justifying the extension . ### the time - frames for consulting the public concerned on the environmental report referred to in article 5 shall not be shorter than 30 days or longer than 60 days . in exceptional cases , where the nature , complexity , location or size of the proposed project so require , the competent authority may extend this time - frame by up to 30 days ; in that case , the competent authority shall inform the developer of the reasons justifying the extension .


### land , soil , water , air and climate change ; ### land , soil , water , air and climate ;


### the competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this article . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority . ### the competent authority may also seek assistance from independent experts referred to in paragraph 3 of this article . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority .


### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation . ### projects , including those with transboundary effect , for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling all the requirements of the relevant union legislation . the most stringent legislation shall apply .


### ' 5 . the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### ' 5 . the competent authority shall make its determination pursuant to paragraph 2 , taking into account any information provided by the developer under paragraph 3 and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . where the competent authority determines that no environmental impact assessment need to be carried out pursuant to articles 5 to 10 , then such determination shall be made available to the public . otherwise , the determination pursuant to paragraph 2 shall :


### the investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in article 6 . ### the investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in article 6b and .


### in particular , the commission shall take into account whether a number of intended exclusions have been approved pursuant to article 6 of this regulation . ### in particular , the commission shall take into account whether a number of intended exclusions have been approved pursuant to article 6a of this regulation .


### the assessment by the commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and member states and / or facts collected by the commission during its investigation , and shall be concluded within a period of nine months after the initiation of the investigation . in duly justified cases this period may be extended by three months . ### the assessment by the commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and member states and / or facts collected by the commission during its investigation , and shall be concluded within a period of nine months after the initiation of the investigation .


### upon request of contracting authorities / entities the commission shall assess whether to approve , for contracts with an estimated value equal or above eur 5 . 000 . 000 exclusive of value - added tax the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the union , if the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , under the following conditions . ### contracting authorities / entities may exclude from procedures for the award of contracts tenders comprising goods or services originating outside the union , if the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , under the following conditions .


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


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


### a financial counterparty shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . ### a financial counterparty and a non - financial counterparty as referred to in article 7 shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . there shall be no clearing obligation upon either of the counterparties if at least one of them is a non - financial counterparty which is below the clearing threshold .


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


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


### the treaty requires the union to promote the protection of the rights of the child pursuant to article 3 of the treaty on european union , while combating discrimination . children are vulnerable , in particular in a situation of poverty , social exclusion , disability or specific situations putting them at risk . action should be taken to promote the rights of the child and contribute to the protection of children from harm and violence , which pose a danger to their physical or mental health . ### the treaty requires the union to promote the protection of the rights of the child pursuant to article 3 of the treaty on european union , while combating discrimination . children are vulnerable , in particular in a situation of poverty , social exclusion , disability or specific situations putting them at risk . action should be taken to promote the rights of the child and contribute to the protection of children from harm and violence , which pose a danger to their physical or mental health . special attention should be paid to the situation of young girls and their living conditions as they are particularly vulnerable .


### analytical activities , such as collection of data and statistics ; development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations and impact assessments ; elaboration and publication of guides , reports and educational material ; monitoring and assessment of the transposition and application of union legislation and of the implementation of union policies ; workshops , seminars , experts meetings , conferences ; ### analytical activities , such as collection of disaggregated data and statistics ; development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations and impact assessments ; elaboration and publication of guides , reports and educational material ; monitoring and assessment of the transposition and application of union legislation and of the implementation of union policies ; workshops , seminars , experts meetings , conferences ;


### violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge . such violence is present throughout the union and coordinated action is necessary in order to address it . taking action to combat violence against women contributes to the promotion of equality between women and men . ### violence against women , children , teenagers and other groups at risk in all its forms constitutes a real violation of fundamental rights and a serious threat to the physical and mental health of the victims of these acts . it is the result of persistent inequality between men and women and corresponds to a structural phenomenon linked to the unequal distribution of power between men and women in our societies . such violence is present throughout the union and coordinated action is necessary based on the methods and results of previous daphne programmes . taking action to combat violence against women contributes to the promotion of equality between women and men .


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


### the communication from the commission on europe 2020 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy . ### the communication from the commission on europe 2020 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , promoting equality between women and men , tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy .


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


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


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


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


### by way of derogation from article 12 and article 14 , for flights to and from countries outside the eea , an aircraft operator may choose not to report emission data using the percentages in annex iic , in order that such emissions shall be calculated by the competent authority . this calculation shall take into account figures from the small emitters tool approved by the commission and populated by eurocontrol with data from its ets support facility . the competent authority shall report all such calculations to the commission . calculations of emissions made in these circumstances shall be considered to be the verified emissions of the aircraft operator for the purposes of articles 11a , 12 , 14 and 28a . ### by way of derogation from article 12 and article 14 , for flights to and from countries outside the eea and flights to and from an aerodrome located in one of the outermost regions , an aircraft operator may choose not to report emission data using the percentages in annex iic , in order that such emissions shall be calculated by the competent authority . this calculation shall take into account figures from the small emitters tool approved by the commission and populated by eurocontrol with data from its ets support facility . the competent authority shall report all such calculations to the commission . the operator shall be informed of the result of the calculations made by the competent authority , and the calculations of emissions made in these circumstances shall be considered to be the verified emissions of the aircraft operator for the purposes of articles 11a , 12 , 14 and 28a .


### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2020 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ; ### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2016 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ;


### without prejudice to the global market - based measure applying from 2020 , emissions from flights to and from countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% should be exempted for the period 2014 to 2020 . countries considered to be developing for the purposes of this proposal should be those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries . ### without prejudice to the global market - based measure applying from 2020 , emissions from flights to and from countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% should be exempted for the period 2014 to 2016 . countries considered to be developing for the purposes of this proposal should be those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries .


### while the application of directive 2003 / 87 / ec continues to be based on arrival at or departure from aerodromes in the union , in order to be a simple and workable means to limit the application of regional market - based measures for the 7 years until a global market - based measure begins operation , the percentages have been calculated by eurocontrol on the basis of the proportion of the great circle distance between the main airports in the eea and in third countries that is not more than 12 miles beyond the furthest point of eea coastline . since the union does not consider that a global market - based measure should be based on actual airspace considerations , as compared to the arrival or departure from aerodromes , the relevance of the percentages is limited to the period up to 2020 . ### while the application of directive 2003 / 87 / ec continues to be based on arrival at or departure from aerodromes in the union , in order to be a simple and workable means to limit the application of regional market - based measures for the three years until a ratifiable global membm that applies to the majority of international aviation emissions is agreed at the 39th icao assembly in 2016 , the percentages have been calculated by eurocontrol on the basis of the proportion of the great circle distance between the main airports in the eea and in third countries that is not more than 12 miles beyond the furthest point of eea coastline . since the union does not consider that a global market - based measure should be based on actual airspace considerations , as compared to the arrival or departure from aerodromes , the relevance of the percentages is limited to the period up to 2016 .


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


### the application of a percentage to verified emissions for flights to and from aerodromes in third countries , or the use of an alternative approach by operators , should relate to emissions from 2014 onwards to give time for operators to understand these approaches when planning their flight activities , ### the application of a percentage to verified emissions for flights to and from aerodromes in third countries , or the use of an alternative approach by operators , should relate to emissions from 2014 to 2016 to give time for operators to understand these approaches when planning their flight activities ,


### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from 2013 to 2020 shall be reduced to correspond with its share of attributed aviation emissions resulting from the application of article 28 to . ### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from 2013 to 2016 shall be reduced to correspond with its share of attributed aviation emissions resulting from the application of points to of paragraph 1 .


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


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


### for the period 2014 to 2020 , and without prejudice to the global market - based measure applying from 2020 , the percentage applicable to flights between eea member countries and countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% shall be zero . countries considered to be developing for the purposes of this proposal are those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries . ### for the period 2014 to 2016 , and without prejudice to the global market - based measure applying from 2020 , the percentage applicable to flights between eea member countries and countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% shall be zero . countries considered to be developing for the purposes of this proposal are those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries .


### all emissions from flights to and from countries outside the european economic area in 2013 ; ### all emissions from flights to and from countries outside the european economic area from 2013 to 2016 ;


### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2020 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ; ### if the 2016 icao assembly does not decide to introduce a global market - based measure , then , by way of derogation from article 12 and article 14 , member states shall consider the requirements set out in those paragraphs satisfied in respect of emissions from flights to and from countries outside the european economic area in each calendar year from 2017 where , to reflect the proportion of the flights that take place within european airspace , the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ;


### consequently it is desirable to temporarily consider the requirements set out in directive 2003 / 87 / ec of the european parliament and of the council4 as satisfied , when obligations are met in respect of a certain percentage of the emissions from flights to and from aerodromes in third countries . in doing so , the union emphasises that requirements can be applied in respect of certain percentages of emissions from flights to and from aerodromes in countries of the european economic area , in the same manner as legal requirements can be placed on more of the emissions from flights to and from such aerodromes . _______________ 4 directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec ### consequently , in order to sustain the momentum reached at the 2013 icao assembly and facilitate progress at the upcoming 2016 icao assembly , it is desirable to temporarily consider the requirements set out in directive 2003 / 87 / ec of the european parliament and of the council4 as satisfied for the period until 2016 , when obligations are met in respect of a certain percentage of the emissions from flights to and from aerodromes in third countries . in doing so , the union emphasises that requirements can be applied in respect of certain percentages of emissions from flights to and from aerodromes in countries of the european economic area , in the same manner as legal requirements can be placed on more of the emissions from flights to and from such aerodromes . ______________ 4 directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec


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


### in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2020 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route . ### in the event that a global measure will not apply , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route .


### china including hong kong , macao and taiwan ### china including hong kong and macao


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , and in any event within 60 days of the request , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


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


### ‘ qualifying portfolio undertaking’ means an undertaking that , at the time of an investment by the eusef , is not listed on a regulated market as defined in point of article 4 of directive 2004 / 39 / ec , which either has an annual turnover not exceeding eur 50 million , or an annual balance sheet total not exceeding eur 43 million , which is not itself a collective investment undertaking and which : ### ‘ qualifying portfolio undertaking’ means an undertaking having its head office in the union that , at the time of an investment by the eusef , is not listed on a regulated market as defined in point of article 4 of directive 2004 / 39 / ec , which is not itself a collective investment undertaking and which


### uses its profits to achieve its primary objective instead of distributing profits and has in place predefined procedures and rules for any circumstances in which profits are distributed to shareholders and owners ; ### uses its profits first and foremost to achieve its social objective instead of distributing profits and , for the , in general , exceptional cases where it is possible to distribute profits to shareholders and owners , has in place predefined procedures and rules . those rules shall specify in particular that distribution of profits must not undermine the social objective ;


### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society ; ### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who , under an agreement for the exploitation of rights or by law , is entitled to a share of the rights revenue from any of the rights managed by the collecting society ;


### 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 .


### the use of the amounts due to rightholders which cannot be distributed as set out in article 12 except where the general meeting decides to delegate this decision to the body exercising the supervisory function ; ### the general policy on the use of the amounts due to rightholders which cannot be distributed as set out in article 12 ;


### 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 and other subject matter 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 , if necessary , 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 for non - commercial uses .


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


### member states shall ensure that procedures are set up for members of a collecting society , rightholders , users and other interested parties to submit complaints to the competent authorities with regard to the activities of collecting societies which are covered by this directive . ### member states shall designate authorities competent to ensure compliance by collecting societies established on their territory with the provisions of national law adopted under this directive .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the general meeting of members shall decide on the use of the amounts concerned in accordance with article 7 ( b .


### 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 . without prejudice to the rightholder ' s freedom to choose a collective management organisation , the rights , categories of rights or types of works and other subject matter managed by the collective management organisation shall be determined by the general meeting of members in accordance with article 7 .


### 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 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 . the general meeting of members of collecting societies should determine the rights , categories of rights , works , types of works and other subject matter that can be managed . the decisions of the general meeting should take account of rightholders’ individual freedom to dispose of their works and to freely choose the collecting society which will manage their rights , the specific features of the cultural sector concerned , and the necessary undertakings on the part of rightholders to enable the collecting society to perform its task effectively . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### 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 .


### ' 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 , and which is : owned or directly or indirectly controlled by its rightholders , or organised as a not for profit organisation .


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


### 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 collecting society of their choice to manage the rights , categories of rights , works 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 . the general meeting of members of collecting societies shall , in accordance with article 7 , decide the rights , categories of rights , works , types of works and other protected subject matter that can be managed . this decision shall take account of rightholders’ individual freedom to dispose of their works and other subject matter and to freely choose the collecting society which will manage their rights , the specific features of the cultural sector concerned , and the necessary undertakings on the part of rightholders to enable the collecting society to perform its task effectively .


### 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 ;


### ' 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 , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which : owned or controlled by its members ; and / or b ) is a non profit making body ;


### the taking into account , without undue delay , of any changes to the information described in point ; ### the taking into account , without undue delay , of any changes to the information described in points and ;


### 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 shall ensure that disputes between collective management organisations and users concerning existing and proposed licensing conditions , tariffs , the calculation of tariffs , and any refusal to grant a licence or to comply with its terms can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body . member states shall ensure that these dispute resolution bodies are specialised in intellectual property matters and that their decisions are made on the basis of the criteria set out in article 15 .


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


### member states shall ensure that the 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 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 proportional representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation .


### licensing terms shall be based on objective criteria , in particular in relation to tariffs . ### licensing terms shall be based on objective and non - discriminatory criteria . collecting societies providing licences for rights shall not be required to use as a precedent for other types of services , particularly online services , licensing terms agreed with a user , when the user is providing a new type of service which has been available to the public for less than three years .


### ' 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 which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright and which is owned or controlled by its members or which is a not - for - profit organisation ;


### 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 .


### 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 .


### 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 .


### 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 .


### 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 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 ;


### 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 of members in his name . there shall be fair and balanced representation of the different categories of members of the collective management organisation . the proxy holder shall enjoy the same rights in the general meeting of the members as those to which the appointing member would be entitled such as distance voting . the proxy holder may not be a natural or legal person who falls within another category of rightholders .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collective management organisations . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use .


### 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 collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow all categories of members to be represented in the body that exercises this function .


### the use of the amounts due to rightholders which cannot be distributed as set out in article 12 except where the general meeting decides to delegate this decision to the body exercising the supervisory function ; ### the general policy on the use of the amounts due to rightholders which cannot be distributed as set out in article 12 ;


### member states shall ensure that procedures are set up for members of a collecting society , rightholders , users and other interested parties to submit complaints to the competent authorities with regard to the activities of collecting societies which are covered by this directive . ### member states shall designate authorities competent to ensure compliance by collecting societies established on their territory with the provisions of national law adopted under this directive .