### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to choose between the reparation or replacement of the product , a price reduction or the cancellation of the contract , unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort .


### services where performance has begun , with the consumer ' s prior express consent , before the end of the fourteen day period referred to in article 12 ; ### services where performance has begun , with the consumer ' s prior express consent , on a durable medium before the end of the thirty day period referred to in article 12 ;


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . ### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , or let the trader collect the goods himself when he has offered to do so , within fourteen days from the day on which he communicates his withdrawal to the trader .


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the final price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; if applicable the percentage of the price that is due to private copying levy on equipment or blank media . in case of an open - ended contract , the final price shall mean the total monthly costs .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for a period of four years from [ the date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the four - year period . the delegation of power shall be tacitly extended for periods of an identical duration unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1st july 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance . this increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph . ### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in all installations in operation should be increased in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance . this increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 5% target for biofuels and bioliquids set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st july 2014 . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place . in the case of installations that were in operation on or before 1st of july 2014 , for the purposes referred to in paragraph 1 , biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 december 2017 and at least 50% from 1 january 2018 . the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with article 19 . ' ### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in all installations in operation . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place . the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with article 19 . '


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are connected to a gas distribution network ;


### whereas the drug prevention and information programme was based on a public health legal basis and therefore covered health considerations , notably the reduction of health harms associated with drug use , the justice programme should approach anti - drugs policy via the angle of crime prevention . illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug - related funding under the new programme . ### whereas the drug prevention and information programme was based on a public health legal basis and therefore covered health considerations , notably the reduction of health harms associated with drug use ; the justice programme should approach prevention and anti - drugs policy via the angle of crime and recidivism prevention . public awareness , prevention of drug trafficking , illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug - related funding under the new programme .


### whereas the drug prevention and information programme was based on a public health legal basis and therefore covered health considerations , notably the reduction of health harms associated with drug use , the justice programme should approach anti - drugs policy via the angle of crime prevention . illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug - related funding under the new programme . ### the drug prevention and information programme was based on a public health legal basis and therefore covered health considerations , notably the reduction of health harms associated with drug use . whilst recognising the importance of the health aspect , the justice programme should approach anti - drugs policy via both the health and the crime prevention angles . under the new programme , illegal drug trafficking and other illegal activities related to drugs should also receive adequate attention , and the effectiveness of enforcement policies as opposed to policies of liberalisation of certain types of drugs should be kept constantly under review .


### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ; ### mutual learning , cooperation , coordination mechanisms for cross - border cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the legislation and political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; further development of e - learning tools ; development , operation and maintenance of systems and tools using information and communication technologies , including the cross - border interoperability of the existing systems and applications in the member states ;


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion is essential , chiefly because of the serious structural difficulties affecting the sector . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , without losing sight of the need to secure the sector’s long - term future . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder and the percentages of fresh milk and milk powder used on the sales labelling .


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### securing the long - term future and development of the so - called livestock and crop diversification sectors in the outermost regions , including the production , processing and the sale of local products , thereby significantly improving the local population’s degree of self - sufficiency by increasing domestic production and reducing imports ;


### for the purposes of this chapter , ‘ regional trade’shall be understood as trade , for each french overseas department , with the azores and madeira and the canary islands , with third countries established by the commission by means of an implementing act . ### for the purposes of this chapter , ‘ regional trade’shall be understood as trade , for each french overseas department , with the azores and madeira and the canary islands , with third countries belonging to the same geographical and ocean areas as those regions and with third countries with which they have historical links . the commission shall establish the list of such countries by means of an implementing act drawn up in accordance with the advisory procedure , following an impartial assessment of the applications from third countries and the leaders of the competent local authorities concerned .


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


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


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


### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission and the member states needs to become more systematic . ### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission , the member states and the outermost regions needs to become more systematic .


### blocking access to websites containing child pornography ### removal of websites containing child pornography


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography constitutes sex abuse images . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , whereas the vast majority of websites having been blocked are facilitated through servers located in countries which have signed the united nations convention on the rights of the child or the optional protocol to the convention on the rights of the child on sale of children , child prostitution and child pornography . mechanisms should be put in place to strengthen international cooperation between states , judicial and police authorities , and reporting points for child pornography in order to ensure the safe and fast removal of websites containing child pornography . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### a substantial proportion of the variable remuneration component is deferred over a sufficient period ; the size of the deferred proportion and the length of the deferral period is established in accordance with the business cycle , the nature of the business , its risks and the activities of the member of staff in question ; remuneration payable under deferral arrangements vests no faster than on a pro - rata basis ; at least 40&#160 ; % of the variable remuneration component is deferred ; iin the case of a variable remuneration component of a particularly high amount at least 60&#160 ; % of the amount is deferred and the deferral period is no less than three years ;


### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy , including the possibility to pay no bonus ; ### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible policy on variable remuneration components , including the possibility to pay no variable remuneration component and , in any event , the variable remuneration component does not exceed 50 % of the total remuneration of the individual concerned ;


### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . ### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify clear and transparent core principles on sound remuneration , which are established with the involvement of staff members and their representatives within the firm , to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution and the institution ' s employees . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . credit institutions and investment firms of a significant size should set up internal independent remuneration committees as part of their governance structure . remuneration committees should cooperate with the risk and compliance function in order to supervise the incentives created for managing risk , capital and liquidity .


### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy , including the possibility to pay no bonus ; ### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy , including the possibility to pay no bonus ; bonuses may not exceed 40% of a staff member’s total remuneration ;


### the remuneration policy is in line with the business strategy , objectives , values and long - term interests of the credit institution ; ### the remuneration policy is in line with the business strategy , objectives , values and long - term interests of the credit institution and with the demands placed on the financial sector by society , and incorporates measures to avoid conflicts of interest ;


### a number of major developments have taken place since the european neighbourhood policy was launched and the european neighbourhood and partnership instrument was set up . these include a deepening of the relationship with the partners , the launch of regional initiatives and democratic transition processes in the region . this triggered a new european neighbourhood policy vision set out in 2011 as a result of a comprehensive strategic review of the policy . it outlines key objectives for union cooperation with neighbourhood countries and provides for greater support to partners committed to building democratic societies and undertaking reforms , in line with the ‘ more for more’ and ‘ mutual accountability’ principles . ### a number of major developments have taken place since the european neighbourhood policy was launched and the european neighbourhood and partnership instrument was set up . these include struggles to recover freedom and to put an end to dictatorships and corrupt regimes in some of the enp countries . these processes will need a deepening of the relationship with the partners , the launch of regional initiatives and support the democratic transition processes in the region . this triggered a new european neighbourhood policy vision set out in 2011 as a result of a comprehensive strategic review of the policy . it outlines key objectives for union cooperation with neighbourhood countries and provides for greater support to partners committed to building democratic societies and undertaking reforms , in line with the ‘ mutual accountability’ principles .


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the union regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , pluralism or concentration of the media , level of corruption , trade flows and investments , indicators enabling measuring tendencies in internal economic and social disparities , including employment levels .


### the union aims to establish an area of prosperity and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship . ### the union aims to establish an area of prosperity , social justice and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship .


### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans . ### support under this regulation shall promote enhanced political cooperation and progressive economic development between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans .


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . ### the appearance and characteristics of the product , its packaging and its presentation to consumers or other purchasers . this includes potentially misleading appearances , in particular where a product , although not designed for use by them , resembles in any way to another object commonly recognised as appealing to , or intended for use by , children , because of its design and characteristics .


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . ### the appearance and characteristics of the product , its packaging and its presentation to purchasers , including any potentially misleading impression given that might lead persons to actions posing a risk to health and safety , in particular : where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics ; where a product , although not designed for use by them , may attract children to exploring it , coming into contact with it and interacting with it because of its design and characteristics .


### producer organisations are the key actors for the appropriate application of the common fisheries policy and the common market organisation . it is therefore necessary to strengthen their objectives to ensure that their members carry out fishing and aquaculture activities in a sustainable manner , improve the placing on the market of products , and collect economic information on aquaculture . when realising these objectives , producer organisations should take account the different conditions of the fishery and aquaculture sectors prevailing in the union , in particular the specificities of small - scale fisheries . ### producer organisations are the key actors for the appropriate application of the common fisheries policy and the common market organisation . it is therefore necessary to strengthen their objectives to ensure that their members carry out fishing and aquaculture activities in a sustainable manner , improve the placing on the market of products , and collect economic information on aquaculture . when realising these objectives , producer organisations should take into account the different conditions of the fishery and aquaculture sectors prevailing in the union , in particular the specificities of small - scale fisheries , and especially their greater environmental sustainability , which warrant support and positive discrimination in favour of this fleet segment within the cmo .


### promoting sustainable aquaculture activities of their members by providing opportunities for their development ; ### promoting environmentally sustainable aquaculture activities of their members by providing opportunities for their development ;


### the products for which marketing standards have been laid down may be marketed for human consumption in the union only in accordance with those standards . ### the products for which marketing standards have been laid down may be marketed for human consumption in the union only in accordance with those standards . this provision shall also apply to all imported fishery and aquaculture products .


### the possessor may not claim to have acted in good faith if he failed to exercise the level of due care and attention required by the circumstances . ### the possessor may not claim the compensation if he failed to exercise the level of due care and attention required by the circumstances .


### the scope of this directive must extend to any cultural object classified as a national treasure possessing artistic , historic or archaeological value under national legislation or administrative procedures within the meaning of article 36 of the treaty . the criterion of falling under one of the categories referred to in the annex to directive 93 / 7 / eec should therefore be removed and thus the annex itself should be deleted and the criterion of forming an integral part of public collections listed in the inventories of museums , archives and libraries ' conservation collections or the inventories of ecclesiastical institutions should also be removed . the diversity of national arrangements for protecting cultural objects is recognised in article 36 of the treaty . in this context , mutual trust , a willingness to cooperate and mutual understanding between member states are therefore essential . ### the scope of this directive must extend to any cultural object defined or classified as a national treasure possessing artistic , historic or archaeological value under national legislation or administrative procedures within the meaning of article 36 of the treaty . since the approaches to the definition of national treasures differs greatly from one member state to another , mutual trust , a spirit of cooperation and mutual understanding between the member states should be fostered as far as possible . with that aim in view , the annex to directive 93 / 7 / eec should be revised to delete the age and financial value thresholds . the annex would then reflect more accurately the concept of cultural objects as defined in the first article of the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property of 1970 , which could also be used as an instrument to bring about a greater consistency of approach among the eu member states .


### the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital is ensured in accordance with the provisions of the treaty . these provisions do not preclude prohibitions or restrictions justified on grounds of the protection of national treasures possessing artistic , historic or archaeological value . ### although the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital is ensured in accordance with the provisions of the treaty , cultural objects , and in particular national treasures possessing artistic , historic or archaeological value , cannot be treated as goods like any others , not least in the light of the undertakings given by the union and its member states in the context of the unesco convention on the protection and promotion of diversity of cultural expression .


### administrative cooperation between the member states needs to be stepped up so that this directive can be applied more effectively and uniformly . the central authorities should therefore be required to use the internal market information system provided for by regulation no 1024 / 2012 of the european parliament and of the council of 25 october 2012 on administrative cooperation through the internal market information system and repealing commission decision 2008 / 49 / ec24 . it would also be desirable for other competent authorities of the member states to use the same system where possible . _______________ oj l 316 , 14 . 11 . 2012 , p . 1 . ### administrative cooperation between the member states needs to be stepped up so that this directive can be applied more effectively and uniformly . the central authorities should therefore be required to use the internal market information system provided for by regulation no 1024 / 2012 of the european parliament and of the council24 . it would also be desirable for other competent authorities of the member states to use the same system where possible . in order to improve the implementation of this directive and cooperation between the member states , the central authorities of the member states should , in particular , share information on the cultural objects which they have defined or classified as national treasures and on those objects classified as national treasures which have been stolen or unlawfully removed from their territory . _______________ 24 regulation no 1024 / 2012 of the european parliament and of the council of 25 october 2012 on administrative cooperation through the internal market information system and repealing commission decision 2008 / 49 / ec .


### the commission shall send the european parliament , the council and the european economic and social committee , every five years , a report reviewing the application of this directive . the report shall be accompanied by any appropriate proposals . ### the commission shall send the european parliament , the council and the european economic and social committee , every five years , and for the first time on 1 july 2018 at the latest , a report reviewing the application of this directive . the report shall be accompanied by any appropriate proposals for the revision of this directive .


### the exchange of information shall be conducted using the imi . ### the exchange of information , including the items referred to in article 4 , shall primarily be conducted using the imi , in keeping with the applicable legal provisions on the protection of personal data and privacy . however , this provision shall be without prejudice to the possibility for the competent central authorities to use other means of communication , in particular if the specific measures required in the context of a return procedure make this essential .


### ' cultural object ' shall mean an object which : is classified , before or after its unlawful removal from the territory of a member state , among the ' national treasures possessing artistic , historic or archaeological value ' under national legislation or administrative procedures within the meaning of article 36 of the treaty . ### ' cultural object ' shall mean all cultural objects , including national treasures as defined in article 1 ;


### the commission shall define quality requirements for the capacities to be committed to the european emergency response capacity . member states shall be responsible for ensuring their quality . ### the commission shall , in agreement with the member states , define quality requirements for the capacities that may be committed to the european emergency response capacity . member states shall be responsible for ensuring their quality .


### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv . ### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with national and european union obligations established by social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv .


### a new mechanism is needed to provide the commission with targeted high - quality monitoring information on the concentration of substances in the aquatic environment , with a focus on emerging pollutants and substances for which available monitoring data are not of sufficient quality for the purpose of risk assessment . the new mechanism should facilitate the gathering of that information across union river basins . in order to maintain the monitoring costs at reasonable levels , the mechanism should focus on a limited number of substances , included temporarily in a watch list , and a limited number of monitoring sites , but deliver representative data that are fit for the purpose of the union prioritisation process . the list should be dynamic , to respond to new information on the potential risks posed by emerging pollutants and avoid monitoring substances for longer than necessary . ### a new mechanism is needed to provide the commission with targeted high - quality monitoring information on the concentration of substances in the aquatic environment , with a focus on emerging pollutants and substances for which available monitoring data are not of sufficient quality for the purpose of risk assessment . the new mechanism should facilitate the gathering of that information across union river basins . in order to maintain the monitoring costs at reasonable levels , but to ensure that the monitoring is effective , the mechanism should focus on substances with inherent hazard properties and emerging pollutants , included temporarily in a watch list , and a limited number of monitoring sites , but deliver representative data that are fit for the purpose of the union prioritisation process . the list should be dynamic , to respond to new information on the potential risks posed by emerging pollutants and avoid monitoring substances for longer than necessary .


### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of reunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , insofar as this measure does not hinder that locally produced milk is collected and finds outlets . this product shall be used for local consumption only . ### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of réunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , in so far as this measure does not hinder locally produced milk from being collected and finding outlets or impede efforts to encourage the development of that production . this product shall be used for local consumption only .


### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of reunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , insofar as this measure does not hinder that locally produced milk is collected and finds outlets . this product shall be used for local consumption only . ### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of réunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , in so far as this measure does not hinder locally produced milk from being collected and finding outlets . this product , whose quality must be maintained , shall be used for local consumption only .


### the agency shall provide the member states and the commission with the technical and scientific assistance needed and with a high level of expertise , in order to help them to apply the union legislation properly in the field of maritime safety , maritime security , prevention of pollution caused by ships , to monitor its implementation and to evaluate the effectiveness of the measures in place . ### the agency shall provide the member states and the commission with the technical and scientific assistance needed and with a high level of expertise , in order to help them to apply the relevant legislation properly in the field of maritime safety , maritime security , marine protection of the environment in particular ensuring the prevention of pollution caused by ships , by offshore oil and gas installations including both oil and gas drilling platforms and pipeline terminals , to monitor its implementation and to evaluate the effectiveness of the measures in place .


### provide evidence that he or she has the professional qualifications needed in the member state to which he or she has been admitted for the position of manager or specialist or , for graduate trainees , the higher education qualifications required ; ### provide evidence that he or she has the professional qualifications needed in the member state to which he or she has been admitted for the position of manager or specialist ;


### member states shall require that all conditions in the law , regulations or administrative provisions and / or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer . in the absence of a system for declaring collective agreements to be of universal application , member states may , if they so decide , base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned , and / or collective agreements which have been concluded by the most representative employers ' and labour organisations at national level and which are applied throughout national territory . ### member states shall require that all conditions in the law , regulations or administrative provisions and / or collective agreements in a comparable situation in the relevant occupational branches at the place of work are met with regard to the working conditions including in respect of benefits and pay granted during the transfer . particular attention shall be paid to consistency with relevant binding acts of the union .


### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with a higher education qualification . their definition builds on specific commitments of the union under the general agreement on trade in services9 and bilateral trade agreements . those commitments undertaken under the general agreement on trade in services do not cover conditions of entry , stay and work . therefore , this directive complements and facilitates the application of those commitments . however , the scope of the intra - corporate transfers covered by this directive is broader than that implied by trade commitments , as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement . ### for the purpose of this directive , intra - corporate transferees encompass managers and specialists with a higher education qualification . their definition builds on specific commitments of the union under the general agreement on trade in services9 and bilateral trade agreements . those commitments undertaken under the general agreement on trade in services do not cover conditions of entry , stay and work . therefore , this directive complements and facilitates the application of those commitments . however , the scope of the intra - corporate transfers covered by this directive is broader than that implied by trade commitments , as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement .


### ‘ manager’ means any person working in a senior position who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any person working in a senior position who principally directs the management of the host entity within the structure of a company and who principally carries out management functions , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ;


### ‘ graduate trainee’ means any person with a higher education qualification who is transferred to broaden his / her knowledge of and experience in a company in preparation for a managerial position within the company ; ### ‘ graduate trainee’ means any person with a general secondary , technical or vocational education qualification who is transferred to a company to broaden his / her knowledge and experience and to carry out paid work within that company ;


### ‘ specialist’ means any person possessing uncommon knowledge essential and specific to the host entity , taking account not only of knowledge specific to the host entity , but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge ; ### ' specialist’ means any person who is transferred for highly - qualified employment , having a high level of professional qualification , knowledge and continuous expertise , and who possesses specific knowledge essential or relevant to the specific activities of the host entity ;


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


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non discrimination , including on the grounds of sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation or gender identity , including equality between women and men and the rights of persons with disabilities and of the elderly , recognising the rights of all persons to be treated with dignity ; to combat bullying harassment and intolerant treatment , especially in the workplace ;


### credit institutions that are member of a scheme referred to in article 1 and 1 shall inform depositors adequately on the functioning of the scheme . such information may not contain a reference to unlimited coverage of deposits . ### credit institutions shall inform depositors adequately on the functioning of the deposit guarantee scheme . such information may not contain a reference to unlimited coverage of deposits .


### credit institutions that are member of a scheme referred to in article 1 and 1 shall inform depositors adequately on the functioning of the scheme . such information may not contain a reference to unlimited coverage of deposits . ### credit institutions shall inform depositors adequately , and in an easy - to - understand fashion , about the functioning of the deposit guarantee scheme . in the process , the maximum coverage level and other sources of information on the deposit guarantee scheme shall also be addressed . such information may not contain a reference to unlimited coverage of deposits , however .


### the free movement of workers is also a key element to the development of a genuine union labour market , allowing workers to move from high unemployment areas to areas where there are labour shortages , helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market . ### the rising unemployment levels caused by the current crisis have led to a huge increase in involuntary movement of workers out of many member states , brought about by necessity . the only way to combat this trend is to provide and increase proper employment of high quality in all the member states affected , thereby ensuring that free movement will invariably be based on choice and not on necessity .


### the agency may object to the information submitted or parts thereof on grounds related to non - compliance with the provisions of title viiia of directive 2001 / 83 / ec within 60 days after receipt of the notification . if the agency does not object within 60 days , the information shall be deemed accepted and may be published . ### the agency may object to the information submitted or parts thereof on grounds related to non - compliance with the provisions of title viiia of directive 2001 / 83 / ec within 120 days after receipt of the notification . if the agency does not object within 120 days , the information shall be deemed accepted and may be published . the marketing authorisation holder remains fully liable and responsible for the information provided in all cases .


### the agency may object to the information submitted or parts thereof on grounds related to non - compliance with the provisions of title viiia of directive 2001 / 83 / ec within 60 days after receipt of the notification . if the agency does not object within 60 days , the information shall be deemed accepted and may be published . ### the agency may object to the information submitted or parts thereof on grounds related to non - compliance with the provisions of title viiia of directive 2001 / 83 / ec , stating the grounds for its decision , within 120 days after receipt of the notification . if the agency does not object within 120 days , the information shall be deemed accepted and may be published .


### every application shall be based on a cultural programme with a strong european dimension . this programme shall last one year and shall be created specifically for the european capital of culture title , in accordance with the criteria in article 5 . it must however be embedded in a long term strategy for cultural development in the city . ### every application shall be based on a cultural programme with a strong european dimension . this programme shall last for one year and shall be created specifically for the title of european capital of culture , in accordance with the criteria laid down in article 5 . it shall however be embedded in a long - term strategy for cultural development in the city .


### the plans to strengthen the long term links between the cultural sector and the economic and social sectors in the city ; ### the plans to strengthen the long - term links between cultural sectors and the economic and social sectors in the city ;


### the envisaged long - term cultural , social and economic effects that the title would have on the city ; ### the envisaged long - term effects that the title would have on the city , culturally , socially , economically , and from the point of view of voluntary organisations ;


### to enhance the range , diversity and european dimension of the cultural offer in cities , including through transnational co - operation ; ### to enhance the production , range , diversity and european dimension of the cultural offering in cities , including through transnational cooperation ;


### to enhance the range , diversity and european dimension of the cultural offer in cities , including through transnational co - operation ; ### to enhance the range , diversity and european dimension of the cultural offering in cities , including through transnational cooperation and intercultural dialogue ;


### improving the understanding on the value of intellectual property ; ### improving the understanding on the value of intellectual property and knowledge about the impact of infringements of intellectual property rights on creativity and innovation within the union ;


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of economic , social , and cultural sectors , especially those which might be most concerned by infringements of intellectual property rights and in particular representatives of right holders and internet service providers . also , a proper representation of small and medium - sized enterprises should be ensured . with regard to representatives of civil society and in accordance with article 11 of the treaty on european union , the office should , when assembling the observatory , make the necessary arrangements for the representation of consumer and user protection bodies , organisations and associations working in the field of data protection , the social partners , and cultural operators , including those in the voluntary sector .


### consumer organisations and small and medium sized enterprises shall be properly represented . ### small and medium - sized enterprises , consumer and user protection bodies , organisations and associations working in the field of data protection , the social partners , and cultural operators , including those in the voluntary sector , shall be properly represented .


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


### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . common rules on a notification system are necessary to ensure that this directive achieves its full potential . the provision on notification of cross - border distance sales of tobacco in this directive should apply notwithstanding the notification procedure set out in directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 . 41 ### internet sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive , and should therefore be prohibited , in line with the implementing guidelines of the framework convention on tobacco control , the eu is a party to . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 . 41


### member states should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this directive , provided they are compatible with the treaty and do not jeopardise the full application of this directive . accordingly , member states could , for instance , maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the treaty , with wto obligations and do not affect the full application of this directive . a prior notification is required for technical regulations pursuant to directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on information society services44 . ### member states should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this directive , provided they are compatible with the treaty and do not jeopardise the full application of this directive . accordingly , member states should , for instance , maintain or introduce provisions providing standardisation of packaging of tobacco products as provisions aiming at health protection are compatible with the treaty , with wto obligations and do not affect the full application of this directive . a prior notification is required for technical regulations pursuant to directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on information society services44 .


### ' 3 . for projects listed in annex ii , the developer shall provide information on the characteristics of the project , its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects . the detailed list of information to be provided is specified in annex ii . a . ' ### ' 3 . for projects listed in annex ii , with the exception of projects which do not meet or exceed a relevant threshold or criterion set by the member state under paragraph 2 , the developer shall provide information on the characteristics of the project and its potential impact on the environment . the detailed list of information to be provided is specified in annex ii . a . the information shall be made available to the public prior to the determination made pursuant to paragraph 2 . '


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


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


### since the objective of this directive , namely to ensure a high level of protection of the environment and of human health , through the establishment of minimum requirements for the environmental assessment of projects , cannot be sufficiently achieved by the member states and can therefore , by reason of the scope , seriousness and transboundary nature of the environmental issues to be addressed , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely to ensure a high level of protection of the environment , the quality of life and of human health , through the establishment of minimum requirements for the environmental assessment of projects , cannot be sufficiently achieved by the member states and can therefore , by reason of the scope , seriousness and transboundary nature of the environmental issues to be addressed , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### population , human health , and biodiversity , with particular attention to species and habitats protected under council directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council ; ### population , human health , and biodiversity , with particular attention to species and habitats protected under council directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council , and the desirability of avoiding any net loss of biodiversity ;


### this regulation establishes a common framework for the exchange of information and cooperation between member states and the agency in order to improve the situational awareness and reaction capability at the external borders of the member states and of the european union , hereinafter referred to as the european border surveillance system . ### this regulation establishes a common framework for the exchange of information and cooperation between member states and the agency in order to improve the situational awareness and reaction capability to protect the lives of migrants , to prevent cross - border crime at the external borders of the member states and of the european union , and to ensure effective access to international protection , hereinafter referred to as the european border surveillance system .


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


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisation regularly and diligently distributes and pays amounts due to all rightholders it represents in accordance with a transparent distribution procedure ensuring equal treatment . the collective management organisation shall carry out such distribution and payments without undue delay as soon as the amount for a rightholder covers the collection costs and maintenance for the corresponding rights and administrative costs , after a period of three months and no later than six months from the collection of the relevant right revenues . the collective management organisation shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### collecting societies are expected to act in the best interests of their members . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation of the different categories of members in the decision - making process should be fair and balanced . the effectiveness of the rules on the general meeting of members of collecting societies may be undermined if there were no provisions on how the general meeting should be run . thus , it is necessary to ensure that the general meeting is convened regularly , and at least annually , and that the most important decisions in the collecting society are taken by the general meeting . ### collective management organisations should act in the best collective interests of the rightholders they represent . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation in the decision - making process of the different categories of members , such as producers or performers , should be fair and balanced . the effectiveness of the rules on the general assembly of members of collective management organisations would be undermined if there were no provisions on how the general assembly should be run . thus , it is necessary to ensure that the general assembly is convened regularly , and at least annually , and that the most important decisions in the collective management organisation are taken by the general assembly .


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


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


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


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


### articles 18 , 18 , 22 , 23 , 24 , 25 , 26 , 27 , 32 and 36 shall also apply to entities owned , in whole or in part , by a collecting society and which offer or grant multi - territorial licences for online rights in musical works . ### this title as well as articles 36 and 40 shall also apply to entities owned , in whole or in part , by a collecting society and which offer or grant multi - territorial licences for online rights in musical works .


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


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike .


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


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


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


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisation regularly , transparently , in a timely manner and diligently distributes and pays amounts due to all rightholders it represents . the collective management organisation shall carry out such distribution and payments without undue delay and no later than 12 months after the rights revenue was collected . the collective management organisation shall carry out such distribution and payments at least on a quarterly basis and accurately , ensuring equal treatment of all categories of rightholders .


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


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents . the collective management organisation shall carry out such distribution and payments without undue delay and no later than six months after the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collective management organisation from respecting this deadline . the collective management organisation shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### 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 established in the union to manage the rights , categories of rights , types of works and other subject matter of their choice , for the member states of their choice , irrespective of the rightholder’s residence , establishment or nationality .


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


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### securing the long - term future and development of the so - called livestock and crop diversification sectors in the outermost regions , including the production , processing and the sale of local products , thereby significantly improving the local population’s degree of self - sufficiency by increasing domestic production and reducing imports ;


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


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


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


### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . ### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . the draft programme shall be deemed admissible by the commission only if it has been notified to the leaders of the elected departmental or regional authorities .


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


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


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


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


### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 , except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer . at the payment service provider ' s request , the payee shall bear the burden to prove that the conditions referred to in the third subparagraph . ### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 .