### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission for : specifying standard forms in relation to the processing of personal data of a child ; standard procedures and forms for exercising the rights of data subjects ; standard forms for the information to the data subject ; standard forms and procedures in relation to the right of access ; the right to data portability ; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation ; specific requirements for the security of processing ; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject ; standards and procedures for a data protection impact assessment ; forms and procedures for prior authorisation and prior consultation ; technical standards and mechanisms for certification ; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation ; disclosures not authorized by union law ; mutual assistance ; joint operations ; decisions under the consistency mechanism . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . in this context , the commission should consider specific measures for micro , small and medium - sized enterprises . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . in implementing the provisions of this regulation , it should be ensured that no mandatory requirements for specific technical features are imposed on products and services , including terminal or other electronic communications equipment , which could impede the placing of equipment on the market and the free circulation of such equipment in and between member states . in this context , the commission should consider specific measures for micro , small and medium - sized enterprises in consultation with the parties concerned , as these measures should not overly burden those enterprises .


### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . ### where more than one controller is involved in the processing , each controller shall be jointly and severally liable for the entire amount of the damage to the extent that the joint controllers ' respective liability has not been determined in the legal arrangement referred to in article 24 . in the case of a group of undertakings , the entire group shall be liable as a single economic entity .


### in order to demonstrate compliance with this regulation , the controller or processor should document each processing operation . each controller and processor should be obliged to co - operate with the supervisory authority and make this documentation , on request , available to it , so that it might serve for monitoring those processing operations . ### in order to demonstrate compliance with this regulation , the controller or processor should maintain relevant information on the main categories of processing undertaken . each controller and processor should be obliged to co - operate with the supervisory authority and make this documentation , on request , available to it , so that it might assist the supervisory authority in evaluating the compliance of those main categories of processing with this regulation .


### any body , organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a member state shall have the right to lodge a complaint with a supervisory authority in any member state on behalf of one or more data subjects if it considers that a data subject’s rights under this regulation have been infringed as a result of the processing of personal data . ### any body , organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a member state may lodge a complaint with a supervisory authority in that member state for an alleged breach of this regulation . the rights bestowed on it under this regulation also empower it to act on behalf of one or more data subjects resident in that member state , provided it has sufficient power of attorney to do so .


### ' the data subject ' s consent ' means any freely given specific , informed and explicit indication of his or her wishes by which the data subject , either by a statement or by a clear affirmative action , signifies agreement to personal data relating to them being processed ; ### ‘ the data subject ' s consent’ means any freely given specific , informed and unambiguous indication of his or her wishes by which the data subject signifies agreement to personal data relating to them being processed . silence or inactivity does not in itself indicate consent ;


### each natural or legal person shall have the right to a judicial remedy against decisions of a supervisory authority concerning them . ### without prejudice to the procedure described in article 63a , each natural or legal person , including each data controller and data processor , shall have the right to a judicial remedy against decisions of a supervisory authority concerning or affecting them .


### the commission shall publish in the official journal of the european union a list of those third countries , territories and processing sectors within a third country and international organisations where it has decided that an adequate level of protection is or is not ensured . ### the commission shall publish in the official journal of the european union and on its website a list of those third countries , territories and processing sectors within a third country and international organisations where it has decided that an adequate level of protection is or is not ensured .


### the data subject shall have the right to withdraw his or her consent at any time . the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal . ### the data subject shall have the right to withdraw his or her consent at any time . if the consent is part of a contractual or statutory relationship the withdrawal shall depend on the contractual or legal conditions . the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal .


### the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organisational measures are taken , both at the time of the design of the processing and at the time of the processing itself , to ensure that the requirements of this regulation are met . in order to ensure and demonstrate compliance with this regulation , the controller should adopt internal policies and implement appropriate measures , which meet in particular the principles of data protection by design and data protection by default . ### to meet consumer and business expectations around the protection of the rights and freedoms of data subjects with regard to the processing of personal data , appropriate organisational measures should be taken , both at the time of the design of the processing and its underlying technologies as well as at the time of the processing itself , to ensure that the requirements of this regulation are met . measures having as an objective to increase consumer information and ease of choice should be encouraged , based on industry cooperation and favouring innovative solutions , products and services . data protection by design is the process by which data protection and privacy are integrated in the development of products and services through both technical and organisational measures . data protection by default means that products and services are by default configured in a way that limits the processing and especially the disclosure of personal data . in particular , personal data should not be disclosed to an unlimited number of persons by default .


### where the controller or the processor is a public authority or body , the data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body . ### where the controller or the processor is a public authority or body , the data protection organisation or data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body .


### where an objection is upheld pursuant to paragraphs 1 and 2 , the controller shall no longer use or otherwise process the personal data concerned . ### where an objection is upheld pursuant to paragraphs 1 and 2 , the controller shall no longer use or otherwise process the personal data concerned for the purposes determined in the objection .


### in the cases referred to in paragraph 2 , the information to be provided by the controller under article 14 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject . ### in the cases referred to in paragraph 2 , the information to be provided by the controller under articles14 and 15 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 , including the criteria for the processing in question and the envisaged effects of such processing on the data subject .


### for the purposes of this regulation , in relation to the offering of information society services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology . ### for the purposes of this regulation , in relation to the offering of information society services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian , without prejudice of article 6 . the controller shall make reasonable efforts to provide notice and obtain meaningful , verifiable consent , taking into consideration available technology .


### the carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall : ### the carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller . the controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this regulation , and shall provide for the following :


### the controller or the processor shall ensure that any other professional duties of the data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests . ### the controller or the processor shall ensure that any other professional duties of the data protection organisation or data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests .


### in order to ensure the consistent application of this regulation throughout the union , a consistency mechanism for co - operation between the supervisory authorities themselves and the commission should be established . this mechanism should in particular apply where a supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several member states , , or to the monitoring such data subjects , or that might substantially affect the free flow of personal data . it should also apply where any supervisory authority or the commission requests that the matter should be dealt with in the consistency mechanism . this mechanism should be without prejudice to any measures that the commission may take in the exercise of its powers under the treaties . ### in order to ensure the consistent application of this regulation throughout the union , a consistency mechanism for co - operation between the supervisory authorities themselves and the commission should be established . this mechanism should in particular apply where the competent supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several member states , or to the monitoring such data subjects , or that might substantially affect the free flow of personal data . it should also apply where any supervisory authority or the commission requests that the matter should be dealt with in the consistency mechanism . this mechanism should be without prejudice to any measures that the commission may take in the exercise of its powers under the treaties .


### the controller shall communicate any rectification or erasure carried out in accordance with articles 16 and 17 to each recipient to whom the data have been disclosed , unless this proves impossible or involves a disproportionate effort . ### any rectification or erasure carried out in accordance with articles 16 and 17 is extended to each recipient to whom the data have been disclosed without the control of the data subject .


### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing . however , such measure should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child . ### every data subject should have the right not to be subject to a decision which is based on profiling by means of automated processing and which produces adverse legal effects or adversely affects this data subject . this is not the case for measures relating to a commercial communication , for example in the field of customer relationship management or customer acquisition . however , such decision should be allowed when authorised by law , or when processing is lawful under points to of article 6 . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child . profiling should not have the effects of discriminating against individuals on the basis , for instance , of race or ethnic origin , religion or sexual orientation , without prejudice to article 9 , paragraph 2 .


### pursuant to point of article 26 , the processor shall alert and inform the controller immediately after the establishment of a personal data breach . ### pursuant to point of article 26 , the processor shall alert and inform the controller without undue delay after the identification of a personal data breach that is likely to produce legal effects to the detriment of the data subject ' s privacy .


### the member states , the supervisory authorities and the commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this regulation , taking account of the specific features of the various data processing sectors , in particular in relation to : ### the member states , the supervisory authorities and the commission shall encourage participation in the drawing up of codes of conduct intended to contribute to the proper application of this regulation , taking account of the specific features of the various data processing sectors , in particular in relation to :


### the data subject requests to transmit the personal data into another automated processing system in accordance with article 18 . ### there are grounds for assuming that erasure would damage interests of the data subject which deserve to be protected ;


### the protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor , also in relation to the monitoring by and measures of supervisory authorities , requires a clear attribution of the responsibilities under this regulation , including where a controller determines the purposes , conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller . ### the protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor , also in relation to the monitoring by and measures of supervisory authorities , requires a clear attribution of the responsibilities under this regulation , including where a controller determines the purposes , conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller . in the event of joint and several liability , a processor which has made amends for damage done to the data subject may appeal against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . ### consent should be given unambiguously by any appropriate method within the context of the product or service being offered enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided .


### these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subject ; ### these purposes cannot reasonably be achieved by processing data which does not permit or not any longer permit the identification of the data subject ; and


### the member states and the commission shall encourage , in particular at european level , the establishment of data protection certification mechanisms and of data protection seals and marks , allowing data subjects to quickly assess the level of data protection provided by controllers and processors . the data protection certifications mechanisms shall contribute to the proper application of this regulation , taking account of the specific features of the various sectors and different processing operations . ### the member states and the commission shall encourage , in particular at european level , the establishment of data protection certification policies and of data protection seals and marks , allowing data subjects to quickly assess the level of data protection provided by controllers and processors . the data protection certification policies shall contribute to the proper application of this regulation , and to achieving the actions and benefits mentioned therein , taking account of the specific features of the various sectors and different processing operations . certification policies at union level shall be designed by the european data protection board with the involvement of other stakeholders , and shall be officially approved by the commission . these policies shall not just be aimed at the institutions but especially at operators in the field . the certification policies shall address the specific needs of actors in different sectors of activity , with particular regard to the needs of micro , small and medium - sized enterprises , and to the key aspect of cost containment so that they can become an effective instrument . the acquisition , renewal and loss of certificates will involve the consequences laid down throughout this regulation .


### where a supervisory authority does not act within one month on request of another supervisory authority , the requesting supervisory authorities shall be competent to take a provisional measure on the territory of its member state in accordance with article 51 and shall submit the matter to the european data protection board in accordance with the procedure referred to in article 57 . ### where a supervisory authority does not act within one month of the time limit referred to in paragraph 2 on request of another supervisory authority , the requesting supervisory authorities shall be competent to take a provisional measure on the territory of its member state in accordance with article 51 and shall submit the matter to the european data protection board in accordance with the procedure referred to in article 57 . where no definitive measure is yet possible because the assistance is not yet completed , the requesting supervisory authority may take interim measures under article 53 in the territory of its member state .


### every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person , and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour . ### every data subject shall have the right not to be subject to a decision that produces adverse legal effects or adversely affects this data subject , and which is based solely or predominantly on automated processing intended to evaluate certain personal aspects relating to this data subject .


### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; ### collected for specified , explicit and legitimate purposes and not further processed in a way irreconcilable with those purposes ;


### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority . ### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a register of criminal convictions , whether complete or not , shall be kept only under the control of official authority .


### the controller and the processor and , if any , the representative of the controller , shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing the information referred to in point of article 53 and by granting access as provided in point of that paragraph . ### the controller and the processor and , if any , the representative of the controller , shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing the information referred to in point of article 53 and by granting access as provided in point of that paragraph . the controller and the processor and , if any , the representative of the controller , shall make the documentation available , on the basis of a request outlining the reasons for requiring access to the documents , to the supervisory authority .


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership and activities , significant social problems , private information and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited .


### the period for which the personal data will be stored ; ### if known the period for which the personal data will be stored ;


### for reasons of public interest in the area of public health in accordance with article 81 ; ### for health proposes in accordance with article 81 and for maintaining medical records and other health research purposes ;


### ‘ representative’ means any natural or legal person established in the union who , explicitly designated by the controller , acts and may be addressed by any supervisory authority and other bodies in the union instead of the controller , with regard to the obligations of the controller under this regulation ; ### ‘ representative’ means any natural or legal person established in the union who , explicitly designated by the controller , acts and shall be addressed by the competent supervisory authority , with regard to the obligations of the controller under this regulation ;


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach , when the breach is likely to adversely affect the protection of the personal data or the privacy of the data subject , the controller shall without undue delay notify the personal data breach to the supervisory authority .


### the controller or the processor shall ensure that any other professional duties of the data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests . ### the controller or the processor shall ensure that any other professional duties of the data protection organisation or the data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests .


### conduct investigations either on its own initiative or on the basis of a complaint or on request of another supervisory authority , and inform the data subject concerned , if the data subject has addressed a complaint to this supervisory authority , of the outcome of the investigations within a reasonable period ; ### conduct investigations either on its own initiative , on the basis of a complaint , on request of another supervisory authority or following a police complaint , and inform the data subject concerned , if the data subject has addressed a complaint to this supervisory authority , of the outcome of the investigations within a reasonable period ;


### the data subject shall have the right to withdraw his or her consent at any time . the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal . ### without prejudice to the data subject ' s existing contractual obligations , the data subject shall have the right to withdraw his or her consent at any time . the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal . it is lawful that the withdrawal of consent might result in the termination of the relationship with the controller .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . ### consent should be given by any method appropriate to the media used , enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which indicates , clearly within the context , the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . the information provided in order for children to express the consent should be given in a clear and age - appropriate language , in a way that would be easy to understand for the child above the age of 13 .


### this regulation should not apply to processing of personal data by a natural person , which are exclusively personal or domestic , such as correspondence and the holding of addresses , and without any gainful interest and thus without any connection with a professional or commercial activity . the exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities . ### this regulation should not apply to processing of personal data by a person , which are exclusively personal or domestic , such as correspondence and the holding of addresses , and without any gainful interest and thus without any connection with a professional or commercial activity , and which do not involve making such data accessible to an indefinite number of people . the exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities .


### for the purposes of this regulation , in relation to the offering of information society services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology . ### for the purposes of this regulation , in relation to the offering of goods and services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology without causing unnecessary processing of personal data .


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


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


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


### admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years , as attested by a diploma , certificate or other evidence issued by the competent authorities or bodies in a member state or by a certificate attesting success in an examination , of an equivalent level , for admission to a school of nursing . ### admission to training for nurses responsible for general care shall be contingent upon completion of general education of at least 10 years , as attested by a diploma , certificate or other evidence issued by the competent authorities or bodies in a member state or by a certificate attesting success in an examination , of an equivalent level , for admission to a school of nursing . this provision shall be without prejudice to the right of member states to set a longer period of general education as a criterion governing admission to training .


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


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


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


### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , 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 updating of annex i , setting the criteria for the calculation of fees related to the european professional card , establishing the details of the documentation necessary for the european professional card , the adaptations of the list of activities set out in annex iv , the adaptations of points 5 . 1 . 1 to 5 . 1 . 4 , 5 . 2 . 2 , 5 . 3 . 2 , 5 . 3 . 3 , 5 . 4 . 2 , 5 . 5 . 2 , 5 . 6 . 2 and 5 . 7 . 1 of annex v , clarifying the knowledge and skills for medical doctors , nurses responsible for general care , dental practitioners , veterinary surgeons , midwives , pharmacists and architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance 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 a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , 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 updating of annex i , the adaptations of the list of activities set out in annex iv , clarifying the knowledge and skills for architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance 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 a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


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


### in case of professions with patient safety implications , member states may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system , or in case of self - employed professionals not affiliated to the nationals health care system , by representative national patient organisations . ### in the case of professions with patient safety implications , member states shall confer on the competent authorities the right to carry out language checking of the professionals concerned .


### in case of professions with patient safety implications , member states may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system , or in case of self - employed professionals not affiliated to the nationals health care system , by representative national patient organisations . ### in the case of professions with implications for patients , including for patient safety , and in the case of treatment of and the provision of services and information to patients , the language knowledge required in order to practise the profession of the language area where the professional wishes to work , in accordance with the institutional organisation of the receiving member state ) must be tested or supervised by the competent authorities for all professionals concerned . language checking must be separate from the recognition of professional qualifications , but must be carried out prior to admission to the profession . level c1 of the european framework of reference for languages shall be taken as a minimum standard for this purpose .


### member states shall ensure that the holder of a european professional card benefits from all the rights conferred by articles 4b to 4e , upon validation of the card by the competent authority of the relevant member state as provided for in paragraphs 3 and 4 of this article . ### member states shall ensure that the holder of a european professional card benefits from all the rights conferred by articles 4b to 4e , upon validation of the card by the competent authority of the host member state as provided for in paragraphs 3 and 4 of this article .


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


### the competent authority of the home member state shall verify the application , create and validate a european professional card within two weeks from the date it receives a complete application . it shall inform the applicant and the member state in which the applicant envisages to provide services , of the validation of the european professional card . the transmission of the validation information to the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following two years . ### the competent authority of the home member state shall verify the application and create a european professional card within four weeks from the date it receives the complete application . it shall inform the applicant and the member state in which the applicant envisages to provide services , of the creation of the european professional card . the transmission of the creation information to the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following two years .


### in case of professions with patient safety implications , member states may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system , or in case of self - employed professionals not affiliated to the nationals health care system , by representative national patient organisations . ### in case of professions with patient safety implications , member states may confer to the competent authorities the right to carry out language checking covering all professionals concerned . language checking must be separate from the recognition of professional qualifications , but must be carried out prior to admission to the profession .


### 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 services for collective management of copyright , 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 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 .


### information provided to rightholders , members , other collecting societies and users on request ### information provided to rightholders , members , other collective management organisations and users


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


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


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


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


### in addition , a collecting society shall make available at the request of any rightholder or any collecting society , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders . ### a collective management organisation shall make available at the request of any rightholder or any collective management organisation , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the 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 non - profit organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , to collectively manage and licence specific categories of works or other protected subject matter , or specific categories of copyright or rights related to copyright , on behalf and account of more than one rightholder as its sole or main purpose , which is built on the principle of solidarity among rightholders and its fiduciary duty to act in the interest of all rightholders it represents ;


### ' 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 as its sole or main purpose and which is owned or controlled by its members ;


### ‘ rights revenue’ means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ‘ rights revenue’ means income collected by a collective management organisation on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation as well as any financial revenue , such as interest payments of amounts collected by a collective management organisation on behalf of rightholders ;


### 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 amounts due to the rightholder per category of rights managed , and type of use , paid by the collecting society to the rightholder in the period concerned ; ### the amounts due to the rightholder per category of rights managed , per type of use , and per work paid by the collective management organisation to the rightholder in the period concerned ;


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### the interests of all members of collecting management organisations should be represented at the general meeting and where possible , members of collecting management organisations should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy .


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


### ' 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 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 ;


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


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


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


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


### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , which has been accepted as a member ;


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


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


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


### 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 services for collective management of copyright , 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 entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### member states shall ensure that a collecting society makes public the following information : ### member states shall ensure that a collective management organisation makes available through a publicly accessible website at least the following information :


### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . ### member states shall ensure that agreements governing the relationship of the collecting society with its members shall specify the rules governing the calculation of the deductions applicable to the rights revenue referred to in point of article 16 .


### the amounts due to rightholders per category of rights managed , and per type of use paid by the collecting society for the licensing of the rights it manages under the representation agreement ; ### the amounts due to rightholders per category of rights managed , per type of use and per work paid by the collective management organisation for the licensing of the rights it manages under the representation agreement ;


### collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society . ### collective management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights , works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collective management organisation .


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


### 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 , provided that such appointment does not result in a conflict of interest .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collective management organisation by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . where any serious doubt is raised regarding the financial management of the collective management organisation , the general meeting shall be entitled to ask for an external audit of the collective management organisation . the result of such external audit shall be communicated to all members as well as to the public .


### 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 , 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 collective management organisation or the rightholder .


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


### member states shall ensure that , where a collecting society provides social , cultural or educational services funded through deductions from rights revenue , rightholders are entitled to the following : ### member states shall ensure that , where a collecting society provides social , cultural or educational services funded through deductions from rights revenue , the members of the collecting society are entitled to the following services :


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


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


### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs . ### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations , as translated in the context of national reform programme and other strategies , under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs .


### for the partnership contract and each programme respectively , a member state shall organise a partnership with the following partners : ### for the partnership contract and each programme respectively , member states and regional authorities shall organise a partnership with the following partners :


### at least 25 % of the structural funds resources for less developed regions , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf . ### at least 20 % of the structural funds resources for less developed regions and for regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average gdp of the eu - 25 but which are now eligible under the transition or more developed regions category , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf .


### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . ### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing taking into account its national reform programme .


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


### at the initiative of a member state , the csf funds may support actions for preparation , management , monitoring , evaluation , information and communication , networking , complaint resolution , and control and audit . the csf funds may be used by the member state to support actions for the reduction of administrative burden for beneficiaries , including electronic data exchange systems , and actions to reinforce the capacity of member state authorities and beneficiaries to administer and use the csf funds . these actions may concern preceding and subsequent programming periods . ### at the initiative of a member state , the csf funds may support actions for preparation , management , monitoring , evaluation , information and communication , networking , complaint resolution , and control and audit . the csf funds may be used by the member state to support actions for the reduction of administrative burden for beneficiaries , including electronic data exchange systems , and actions to reinforce the capacity of member state authorities , economic and social partners and beneficiaries to administer and use the csf funds . these actions may concern preceding and subsequent programming periods .


### an analysis of disparities and development needs with reference to the thematic objectives and key actions defined in the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ; ### an analysis of disparities and development needs with reference to the thematic objectives and key actions as recommendations defined in the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty , taking account of the member state ' s national reform programme ;


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


### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary other than non - taxable person as defined in the first subparagraph of article 13 of directive 2006 / 112 / ec , provided that such vat amounts are not incurred in relation to the provision of infrastructure . ### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation .


### macroeconomic conditionalities ### assistance to member states with budgetary difficulties


### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , as well as ensuring accessibility for persons with disabilities .