### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down , the council , acting on a proposal from the commission , shall decide that the member state shall pay a fine . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down , the council , acting on a proposal from the commission , shall decide that the member state shall pay a fine . in respect of article 153 of the treaty , no fine will be levied if the fine is related to a recommendation concerning the issue of pay and / or collective bargaining in the public sector . the decision shall be adopted by the council by deciding by qualified majority . the council may amend the proposal in accordance with article 293 of the treaty .


### if the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , the lodging of a non - interest - bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , and whenever credits referred to in article 2a reach a negative value the lodging of a non - interest - bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed adopted by the council unless it decides by simple majority to reject the proposal within thirty days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty .


### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting or particularly serious and significant deviations from prudent fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed to be adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council addresses to a member state a recommendation in accordance with article 121 tfeu to take the necessary adjustment measures in the event of persisting or particularly serious and significant deviations from efficient and sustainable fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission and after consulting the european parliament . the decision shall be deemed to be adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 tfeu .


### the involvement of the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ &#8230 ; ] , may take the form of global grants as defined in article 113 of regulation no [ &#8230 ; ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . ### the involvement of the local and regional authorities , social partners and other stakeholders , in particular non - governmental organisations , in the design , in the implementation and the evaluation of operational programmes , as referred to in article 5 of regulation no [ . . . ] , may take the form of global grants as defined in article 113 of regulation no [ . . . ] and may take the form of technical assistance as defined in articles 108 and 109 of regulation no [ . . . ] . member states shall make accessible global grants schemes for small ngos in all esf operational programmes . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . technical assistance resources shall be made available in all esf operational programmes with a particular support for ngos and small local and regional authorities - driven technical assistances services at eu and regional level .


### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote employment and support labour mobility , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level . ### the european union is confronted with structural challenges arising from economic globalisation , technological change , demographic change , an increasingly ageing workforce , and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote good work , high quality employment and support the phasing out of precarious employment , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting inclusive labour markets by facilitating the voluntary transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , asylum seekers , refugees , ethnic minorities , marginalised communities , homeless people and other groups of people at risk of poverty and social exclusion , including children and young people . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and social progress , in particular in the fields of employment , education and social policies .


### the esf should improve employment opportunities , promote education and life - long learning and develop active inclusion policies in accordance with the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health . ### the esf should improve employment opportunities , promote education and life - long learning , develop active inclusion policies and fight poverty and social exclusion in accordance with article 9 of the treaty and the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against poverty and social exclusion , and a high level of education , training and protection of human health .


### adaptation of workers , enterprises and entrepreneurs to change ; ### adaptation of workers , enterprises and entrepreneurs to change related to the transition towards environmental and social sustainable development


### the member states and the commission shall promote equality between men and women through mainstreaming as referred to in article 7 of regulation no [ … ] and specific targeted actions as referred to in article 3 , in particular with the aim of increasing the sustainable participation and progress of women in employment , reducing gender - based segregation in the labour market , combating gender stereotypes in education and training and promoting reconciliation of work and personal life for men and women . ### the member states and the commission shall promote equality between women and men through mainstreaming as referred to in article 7 of regulation no [ . . . ] integrating gender perspective to actions under all thematic priorities and to all stages of planning and implementation of programmes . the member states shall allocate funding for and specific targeted actions as referred to in article 3 , in particular with the aim of increasing the sustainable participation and progress of women in employment , eliminating gender - based segregation in the labour market , combating gender stereotypes in education and training addressing the feminisation of poverty , promoting equal sharing of care responsibilities between women and men and enforcing reconciliation of work and personal life for women and men .


### by way of derogation from article 110 of regulation no [ … ] , the maximum co - financing rate for a priority axis shall be increased by ten percentage points , but not exceeding 100% , where the whole of a priority axis is dedicated to social innovation or to transnational cooperation , or a combination of both . ### by way of derogation from article 110 109 of regulation no [ . . . ] , the maximum co - financing rate for a priority axis shall be increased by ten percentage points , but not exceeding 100% , where the whole of a priority axis is dedicated to social innovation or to transnational cooperation , or a combination of both or refer to article 6 , paragraph .


### enhancing the competitiveness of small and medium - sized enterprises , through promoting the adaptability of enterprises and workers and increased investment in human capital . ### enhancing the contribution of small and medium - sized enterprises to achieve environmental and social sustainable development , through promoting the adaptability of enterprises and workers and increased investment in new skills and competencies .


### the esf shall promote high levels of employment and job quality , support the geographical and occupational mobility of workers , facilitate their adaptation to change , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion . ### the esf shall promote high levels of employment and job quality , support the voluntary geographical and occupational mobility of workers , facilitate the anticipation and development of new skills and competencies needed for a transition towards environmental and social sustainable development , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion .


### efficient and effective implementation of actions supported by the esf depends on good governance and partnership between all relevant territorial and socio - economic actors , in particular the social partners and non - governmental organisations . it is therefore necessary that member states encourage the participation of social partners and non - governmental organisations in the implementation of the esf . ### efficient and effective implementation of actions supported by the esf depends on good governance and partnership between all relevant territorial and socio - economic actors , in particular the social partners and non - governmental organisations . it is therefore necessary that member states involve social partners , non - governmental organisations , local and regional authorities in the preparation , implementation , monitoring and evaluation of the esf in a timely and consistent manner . high - quality partnerships should be forged at all political levels . the partnership principle should be strengthened and extended as the guiding principle to all actions supported by the esf .


### modernisation and strengthening of labour market institutions , including actions to enhance transnational labour mobility ; ### phasing out precarious forms of employment and providing stepping stones for upward social mobility into stable and secure regular employment


### the member states and regions should be encouraged to leverage the esf through financial instruments in order to support for example students , job creation , mobility of workers , social inclusion and social entrepreneurship . ### the member states and regions should be encouraged to leverage the esf through financial instruments in order to support for example students , job creation , voluntary mobility of workers , social inclusion and the social economy . the provision of grants should always be retained as an option to use the funding mix best suited to regional and local needs .


### member states may select themes for transnational co - operation from a list proposed by the commission and endorsed by the esf committee . ### member states may select themes for transnational cooperation from a list proposed by the commission and after a consultation with civil society organisations and local and regional authorities and endorsed by the esf committee .


### standards can have a broad impact on society , in particular on the safety and well - being of citizens , the efficiency of networks , the environment , accessibility and other public policy fields . therefore , it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened , through the support of organisations representing the interests of consumers , the environment and societal stakeholders . ### standards can have a broad impact on society , in particular on the safety and well - being of citizens , the efficiency of networks , the environment , accessibility and other public policy fields . therefore , it is necessary to ensure that the role and the input of all relevant stakeholders representing the public and societal interest in the elaboration of standards is strengthened , through the support of organisations representing consumers , environmentalists , and workers .


### transnational strategic partnerships between organisations involved in education , training and / or youth activities or other relevant sectors developing and implementing joint initiatives and promoting exchanges of experience and know - how ; ### strategic partnerships between organisations involved in education and training or other relevant stakeholders , including social partners , developing and implementing joint initiatives and promoting exchanges of experience and know - how ;


### to enhance the international dimension of education , training and youth notably in higher education by increasing the attractiveness of the union higher education institutions and supporting the union external action , including its development objectives through the promotion of mobility and cooperation between eu and third country higher education institutions and targeted capacity building in third countries . ### to enhance the international dimension of education , training and youth notably in higher education by increasing the attractiveness of the union higher education and research institutions and supporting the union external action , including its development objectives through the promotion of mobility and cooperation between eu and third country higher education institutions and targeted capacity building in third countries .


### to promote the emergence of a european lifelong learning area , trigger policy reforms at national level , support the modernisation of education and training systems , including non - formal learning , and support european cooperation in the youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ; ### to raise awareness of formal , non - formal and informal learning , including learning from a very early age , with a view to providing lifelong learning and supporting european cooperation in the education and youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ;


### the european strategy for smart , sustainable and inclusive growth is defining the union ' s growth strategy for the coming decade to support smart , sustainable and inclusive growth setting five ambitious objectives to be reached by 2020 , particularly in the field of education to reduce early school leaving rates below 10% and to enable at least 40% of 30 - 34 years old to have completed higher education . this also includes its flagships initiatives , in particular ' youth on the move ' and the agenda for new skills and jobs . ### the european strategy for smart , sustainable and inclusive growth is defining the union ' s growth strategy for the coming decade to support smart , sustainable and inclusive growth setting five objectives to be reached by 2020 , particularly in the field of education to reduce early school leaving rates below 10% and to enable at least 40% of 30 - 34 years old to have completed higher education . this also includes its flagship initiatives , in particular ‘ youth on the move’ , the agenda for new skills and jobs and ‘ innovation union’ . __________________ 1 com0546 final of 6 october 2010 .


### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria adopted by the national competent authorities , or defined by the partner organisations and which are approved by those competent authorities ; ### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria defined by the national competent authorities in co - operation with the partner organisations and which are approved by those national competent authorities , in particular national , regional or local organisations which are already working to deliver food to the most deprived , or which are providing assistance to homeless persons and people affected by poverty or social exclusion ;


### the commission and the member states shall carry out their respective roles in relation to the fund with the aim of reducing the administrative burden for beneficiaries . ### the commission and the member states shall take action to guarantee the effectiveness of the fund , in particular through monitoring , reporting and evaluation . they shall also ensure that the fund is easy for the partner organisations and beneficiaries to implement .


### ' beneficiary ' means a public or private body responsible for initiating or initiating and implementing operations ; ### ‘ beneficiary’ means a not - for - profit organisation or a public or private body , excluding commercial enterprises , responsible for initiating or initiating and implementing operations ;


### this regulation establishes the fund for european aid to the most deprived for the period from 1 january 2014 to 31 december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness of the fund . ### this regulation establishes the fund for european aid to the most deprived for the period from 1&#160 ; january 2014 to 31&#160 ; december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the efficiency and straightforwardness of the fund .


### in processing personal data pursuant to this article , the managing authority as well as the beneficiaries and partner organisations shall comply with directive 95 / 46 / ec . ### in processing personal data pursuant to this article , the competent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules and comply with directive 95 / 46 / ec .


### ' intermediate body ' means any public or private body which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries ' implementing operations ; ### ‘ intermediate body’ means any public body or not - for - profit organisation which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries ' implementing operations ;


### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be eur 2 500 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii . ### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be at least eur 5 000 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex&#160 ; ii .


### the food and the goods for homeless persons or for children may be purchased by the partner organisations themselves . ### the food and the goods for the end recipients may be purchased by the partner organisations themselves .


### the costs of purchasing food and basic consumer goods for personal use of homeless persons or of children ; ### the costs of purchasing food and basic consumer goods for the personal use of the final beneficiaries ;


### this regulation establishes the fund for european aid to the most deprived for the period from 1 january 2014 to 31 december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness of the fund . ### this regulation establishes the fund for european aid to the most deprived for the period from 1 january 2014 to 31 december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure that the fund is effective and easy to implement .


### in order to ensure that expenditure financed by the union budget in any given financial year is used in accordance with the applicable rules , an appropriate framework should be created for the annual examination and acceptance of accounts . under this framework , the designated bodies should submit to the commission , in respect of the operational programme , a management declaration accompanied by the certified annual accounts , an annual summary of the final audit reports and of controls carried out and an independent audit opinion and control report . ### in order to ensure that expenditure financed by the union budget in any given financial year is used in accordance with the applicable rules , an appropriate and simple framework should be created for the annual examination and acceptance of accounts . under this framework , the designated bodies should submit to the commission , in respect of the operational programme , a management declaration accompanied by the certified annual accounts , an annual summary of the final audit reports and of controls carried out and an independent audit opinion and control report .


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### the number of persons suffering from food and material or even severe food and material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] .


### in addition , the commission shall consult , at least once a year , the organisations which represent the partner organisations at union level on the implementation of support from the fund . ### in addition , the commission shall consult , at least once a year , the organisations which represent the partner organisations at union level and the main partner organisations in each member state on the implementation , and ease of implementation , of support from the fund . it shall publish reports on such consultation , and its results , on the platform website .


### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme . ### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks remains a favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , as a complement to this fund , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . in order to ensure the most efficient possible use of the intervention stocks , the commission should in accordance with article 19 of regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed , sold at favourable prices and / or donated for the purposes of the most deprived programme .


### the commission shall set up a union level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of relevant outcomes in the area of non - financial assistance to the most deprived persons . ### the commission shall set up a union level platform to facilitate the exchange of experience , know - how , capacity building , networking , the deployment of distribution networks throughout europe , particularly in those areas within each member state where levels of poverty and exclusion are highest , and the development of transnational and cross - border activities , as well as dissemination of relevant and innovative outcomes in the area of food and goods distribution to the most deprived persons . it shall integrate and link on the platform the organisations that represent the partner organisations at union level , as well as the partner organisations and beneficiaries in each member state . it shall set up and manage a public website specifically for the platform . the site will include a presentation of the various partner organisations , their activities and where they operate europe - wide , including in the outermost regions . it will also present all documents and information relevant to the running of the platform and to its work .


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### the number of persons suffering from food and material deprivation , or even severe food and material deprivation , in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] .


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### in 2011 , approximately 24 . 2% of europe’s population were considered to be at risk of poverty and / or social exclusion as defined in the europe 2020 strategy . in countries where so - called austerity policies are being applied , the number of persons suffering from material deprivation is increasing sharply and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . consequently , given the present context , the fund for european aid to the most deprived is assuming an important role .


### that material assistance shall be distributed free of charge to the most deprived persons . ### that food and / or material assistance shall as a rule be distributed free of charge to the most deprived persons . where the aims of providing such food and / or material assistance to the most deprived persons include furthering their integration or social rehabilitation , final beneficiaries may be charged a symbolic price not exceeding 10% of the market price .


### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by member states . ### the fund shall support national systems for distributing healthy food products to the most deprived persons as well as basic consumer goods for their personal use .


### each member state shall submit to the commission one operational programme covering the period between 1 january 2014 and 31 december 2020 within three months of the entry into force of this regulation , containing the following items : ### each member state shall submit to the commission one operational programme , prepared in close cooperation with the competent regional , local and other public authorities as well as bodies concerned with or responsible for representing civil society , combating poverty and promoting non - discrimination , covering the period between 1 january 2014 and 31 december 2020 within three months of the entry into force of this regulation , containing the following items :


### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety of the goods that are distributed to the most deprived persons . ### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety of the goods and the quality of the food products that are distributed to the most deprived persons .


### the member states shall provide information on and promote the actions supported by the fund . the information shall be addressed to the most deprived persons , the media and the wider public . it shall highlight the role of the union and ensure that the contribution from the fund is visible . ### the commission and the member states shall provide information on and promote the actions supported by the fund . the information shall be addressed to the most deprived persons , the media and the wider public . it shall highlight the role of the union and ensure that the contribution from the fund , the partner organisations and their volunteers is visible .


### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria adopted by the national competent authorities , or defined by the partner organisations and which are approved by those competent authorities ; ### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established by the national , regional and local competent authorities in cooperation with the partner organisations ;


### uniform and equitable rules on the eligibility period , operations and expenditures for the fund should be applied across the union . the conditions of eligibility should reflect the specific nature of the fund’s objectives and target populations , notably through adequate conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement . ### uniform , simple and equitable rules on the eligibility period , operations and expenditures for the fund should be applied across the union . the conditions of eligibility should reflect the specific nature of the fund’s objectives and target populations , notably through adequate and simplified conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement .


### the commission and the member states shall carry out their respective roles in relation to the fund with the aim of reducing the administrative burden for beneficiaries . ### the commission and the member states shall take action to guarantee the effectiveness of the fund , in particular through monitoring , reporting and evaluation . they shall also ensure that the fund is easy for the partner organisations and beneficiaries to implement .


### exchanges of experience and best practices have a significant added value and the commission should facilitate such dissemination . ### exchanges of experience and best practices , as well as social innovation , have a significant added value and the commission and the competent authorities of the member states should facilitate their dissemination and promotion , including by organising training schemes and developing a platform for cooperation at union level covering all interested parties . .


### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 . ### the provision of food products and agricultural products is a very worthwhile means of assisting the most deprived , and , in line with the conclusions of the european council of 17&#160 ; june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 .


### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 . ### the provision of food products , agricultural products and aid for the most deprived is urgently needed and , in line with the conclusions of the european council of 17&#160 ; june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 .


### ' intermediate body ' means any public or private body which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries ' implementing operations ; ### ‘ intermediate body’ means any not - for - profit organisation or any public or private body , excluding commercial enterprises , which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries’ implementing operations ;


### union budget commitments should be effected annually . in order to ensure effective programme management , it is necessary to lay down common rules for interim payment requests , the payment of the annual balance and the final balance . ### union budget commitments should be effected annually . in order to ensure effective programme management , it is necessary to lay down simple common rules for interim payment requests , the payment of the annual balance and the final balance .


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of the type of food and / or material deprivation to be addressed under the operational programme and a description of the main characteristics and the objectives of the distribution of good - quality , healthy food or goods and the accompanying measures to be provided


### member states shall provide the resources necessary for carrying out evaluations , and shall ensure that procedures are in place to produce and collect the data necessary for evaluations , including data related to the common indicators referred to in article 11 . ### member states shall provide the resources necessary for carrying out evaluations , and shall ensure that procedures are in place to produce and collect the data necessary for evaluations .


### in addition , the commission shall consult , at least once a year , the organisations which represent the partner organisations at union level on the implementation of support from the fund . ### in addition , the commission shall consult , at least once a year , the organisations which represent the partner organisations at union level and the main partner organisations in each member state on the implementation , and ease of implementation , of support from the fund . it shall publish reports on such consultation , and its results , on the platform website .


### the partner organisations referred to in point that deliver directly the food or goods shall themselves undertake activities complementing the provision of material assistance , aiming at the social inclusion of the most deprived persons , whether or not these activities are supported by the fund . ### the partner organisations referred to in point that deliver food directly and those that deliver the food and / or goods shall themselves undertake activities complementing the provision of material assistance , aiming at the social inclusion of the most deprived persons , whether or not these activities are supported by the fund .


### the population living in households with very low work intensity . ### the population living in households with very low incomes or work intensity .


### in processing personal data pursuant to this article , the managing authority as well as the beneficiaries and partner organisations shall comply with directive 95 / 46 / ec . ### in processing personal data pursuant to this article , the competent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules and comply with directive 95 / 46 / ec .


### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting national schemes that provide non - financial assistance to the most deprived persons to alleviate food deprivation , homelessness and material deprivation of children . ### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting , primarily through the provision of food supplies , national schemes that provide non - financial assistance to the most deprived persons to alleviate food and material deprivation , particularly among the homeless and children .


### the costs of social inclusion activities undertaken and declared by the partner organisations delivering directly the material assistance to the most deprived persons at a flat rate of 5% of the costs referred to in point ; ### the costs of social inclusion activities undertaken and declared by the partner organisations delivering the food and / or material assistance directly or indirectly to the final beneficiaries at a flat rate of 5% of the costs referred to in point ;


### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria adopted by the national competent authorities , or defined by the partner organisations and which are approved by those competent authorities ; ### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria defined by the national competent authorities in co - operation with the partner organisations and which are approved by those national competent authorities , in particular national , regional or local organisations which are already working to deliver food to the most deprived , or which are providing assistance to homeless persons and people affected by poverty or social exclusion ;


### the fund may support accompanying measures , complementing the provision of food and goods , contributing to the social inclusion of the most deprived persons . ### the fund may support accompanying measures , primarily complementing the provision of food and goods , contributing to the social inclusion of the most deprived persons , it should also encourage collaboration with organisations which focus on the eradication of poverty and long - term social reintegration .


### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 . ### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess : the effectiveness and ease of management of the programmes in respect of barriers to their implementation , their stated aims and the results obtained ; the needs reported by the partner organisations and beneficiaries in terms of financing the distribution of food products to the most deprived persons ; and the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 .


### ' beneficiary ' means a public or private body responsible for initiating or initiating and implementing operations ; ### ‘ beneficiary’ means a not - for - profit organisation or a public or private body , excluding commercial enterprises , responsible for initiating or initiating and implementing operations ;


### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 . ### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess how easy the programmes are to run , the effectiveness and sustainability of results obtained and the needs indicated by the partner organisations , as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 .


### the commission shall set up a union level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of relevant outcomes in the area of non - financial assistance to the most deprived persons . ### the commission shall set up a union level platform to facilitate the exchange of experience and know - how , capacity building , networking , the deployment of distribution networks throughout europe , particularly in those areas within each member state where levels of poverty and exclusion are highest , and the development of transnational and cross - border activities , as well as dissemination of relevant and innovative outcomes in the field of food and goods distribution to the most deprived persons . it shall integrate and link on the platform the organisations that represent the partner organisations at union level , as well as the partner organisations and beneficiaries in each member state . it shall set up and manage a public website specifically for the platform . the site will include a presentation of the various partner organisations , their activities and where they operate in the eu , including the outermost regions . it will also present all documents and information relevant to the running of the platform and to its work .


### that material assistance shall be distributed free of charge to the most deprived persons . ### where the final beneficiaries are charged a price , that price shall not exceed 10% of the market price .


### that material assistance shall be distributed free of charge to the most deprived persons . ### that food and / or material assistance shall as a rule be distributed free of charge to the most deprived persons . where the aims of providing such food and / or material assistance to the most deprived persons include furthering their integration or social rehabilitation , final beneficiaries may be charged a symbolic price not exceeding 10% of the market price .


### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , detailed rules about information and communication , especially in relation to the responsibilities of the member states and the beneficiaries , should be set out . ### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide publicity and dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , simple rules about information , communication and publicity , and the responsibilities of local and regional authorities in the member states and the beneficiaries in this respect , should be set out .


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### the number of persons suffering from food and material deprivation , or even severe food and material deprivation , in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] .


### a description of the corresponding national scheme for each type of material deprivation addressed ; ### a description of the corresponding national scheme for each type of food and / or material deprivation addressed ;


### the growing proportion of older people in europe makes it more important than ever to promote healthy ageing . healthy ageing can help raise labour market participation of older people , enable them to be active in society for longer , improve their individual quality of life and curb the strains on health and social care systems . ### the growing proportion of older people in europe makes it more important than ever to promote healthy ageing . healthy ageing can help raise labour market participation of older people , enable them to be active in society for longer , improve their individual quality of life and curb the strains on health and social care systems . older people with chronic conditions who are otherwise well should be treated without prejudice or discrimination .


### the person selling an investment product shall provide the key information document to the retail investor in one of the following media : ### the person advising on or selling an investment product shall provide the key information document to the retail investor in one of the following media that are accessible for the retail investor concerned :


### when a retail investor demonstrates a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation . ### where a retail investor has suffered a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation .


### ‘ this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ’ ### ‘ this document provides you with key information about this investment product and the fee paid to your intermediary . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . this document provides you with key information about this investment product . it is not marketing material . ’


### however , member states shall not limit this number to fewer than two suppliers for each category of groundhandling services or , for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years , to fewer than three suppliers for each category of groundhandling services . ### however , member states shall not limit this number to fewer than two suppliers for each category of groundhandling services .


### – two suppliers of groundhandling services , or ### – two suppliers of groundhandling services .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### in accordance with the principle of net neutrality providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in specific cases where it is strictly necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , strictly proportionate , subject to clear , comprehensible and accessible redress mechanisms and necessary to :


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . there is nothing in current union law preventing agreements for the provision of such transmission services . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public may be necessary for the provision of certain services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore continue to be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not impair the general quality of internet access services .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service , operated within closed electronic communications networks using the internet protocol with strict admission control ; and that is not marketed or used as a substitute for internet access service or functionally identical to services available over the public internet access service ;


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; and article 2 , and the continued availability of non - discriminatory internet access services in accordance with the principle of net neutrality and at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities and data protection authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission berec and the public on their monitoring and findings . this monitoring shall comply with the principle of confidentiality of communications and shall not imply processing of personal data .


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


### conduct , where relevant for that particular listed disease , surveillance in the wild animal population ; ### conduct , where relevant for that particular listed disease , surveillance in the wild animal population and if relevant in kept animals ; ;


### in addition , adverse interactive effects can be observed with regard to biodiversity , climate change and other environmental aspects . climate change may influence the emergence of new diseases , the prevalence of existing diseases and the geographic distribution of disease agents and vectors , including those affecting wildlife . ### in addition , adverse interactive effects can be observed with regard to biodiversity , food security , climate change , pollution and other environmental aspects . climate change may influence the emergence of new diseases , the prevalence of existing diseases and the geographic distribution of disease agents and vectors , including those affecting wildlife .


### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . operators and other animal professionals should therefore acquire such knowledge as appropriate . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . ### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . operators and other animal professionals should therefore acquire such knowledge . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . however , with regards to the multifacetted and international dimension in which operators and other animal professionals operate , sole reliance on professional experience is no longer compatible with an eu animal health strategy that focuses on prevention . operators and other animal professionals should be actively encouraged to acquire aforementioned knowledge , and thus so contribute to a robust eu animal health framework .


### the commission shall , by means of implementing acts , establish a list of listed diseases , as referred to in paragraph 1 . ### the list of listed diseases , as referred to in paragraph 1 , is set out in annex - i . the commission shall be empowered to adopt delegated acts in accordance with art . 253 concerning amendments to the list of listed diseases set out in this annex to take account of technical and scientific progress , the developments of relevant international standards and changed circumstances in public and animal health .


### in laying down those animal health rules , it is essential that considerations are given to the link between animal health and public health , the environment , food and feed safety , animal welfare , food security , economic , social and cultural aspects . ### in laying down those animal health rules , it is essential that considerations are given to the link between animal health and public health , the environment , food and feed safety , animal welfare , food security , economic , social and cultural aspects trying to minimize animal suffering and provide pro - active solutions to disease risks .


### information related to kept animals of the porcine species and the establishments keeping them ; ### information related to kept animals of the porcine species , the establishments keeping them and their movements into and from establishments ;


### the keeping of pet animals , including ornamental aquatic animals in households and non - commercial ornamental aquaria , both indoors and outdoors , generally represents a lower health risk compared to other ways of keeping or moving animals on a broader scale , such as those common in agriculture . therefore , it is not appropriate that the general requirements concerning registration , record keeping and movements within the union apply to such animals , as this would represent an unjustified administrative burden and cost . registration and record keeping requirements should therefore not apply to pet keepers . in addition , specific rules should be laid down for non - commercial movements of pet animals within the union . ### the keeping of pet animals , including ornamental aquatic animals in households and non - commercial ornamental aquaria , both indoors and outdoors , a practice of a non - commercial nature , generally represents a lower health risk compared to other ways of keeping or moving animals on a broader scale , such as those common in agriculture . therefore , it is not appropriate that the general requirements concerning registration , record keeping and movements within the union apply to such animals , as this would represent an unjustified administrative burden and cost for citizens . registration and record keeping requirements should therefore not apply to pet keepers . in addition , specific rules should be laid down for non - commercial movements of pet animals within the union .


### by way of derogation from paragraph 1 , the competent authority may authorise such movement or release of aquatic animals , based on an evaluation of risks , provided that the aquatic animals originate from a part of the aquaculture establishment or from the wild that is independent of the epidemiological unit where the abnormal mortalities or other disease symptoms have occurred . ### by way of derogation from paragraph 1 and , the competent authority may authorise such movement or release of aquatic animals , based on an evaluation of risks , provided that the aquatic animals originate from a part of the aquaculture establishment or from the wild that is independent of the epidemiological unit where the abnormal mortalities or other disease symptoms have occurred .


### in order to ensure high standards of animal and public health in the union , the rational development of the agriculture and aquaculture sectors and to increase productivity , animal health rules should be laid down at union level . these rules are necessary , inter alia , to contribute to the completion of the internal market , and to avoid the spread of infectious diseases . ### in order to ensure high standards of animal and public health in the union , the rational development of the agriculture and aquaculture sectors and to increase sustainable productivity , animal health rules should be laid down at union level . these rules are necessary , inter alia , to contribute to the completion of the internal market , to avoid the spread of infectious diseases , and to enhance animal welfare .


### however , those control strategies may substantially vary between different listed diseases . thus this regulation should provide for rules on the use of veterinary medicinal products for the prevention and control of listed diseases and for harmonised criteria for consideration when determining whether or not to use and how to use vaccines , hyper - immune sera and antimicrobials . in order to ensure a flexible approach and to address the specificities of different listed diseases and the availability of the effective treatments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the restrictions , prohibitions or obligations to use certain veterinary medicinal products in the framework of the control of certain listed diseases . in the case of urgency and in order to address emerging risks with possible devastating implications for animal or public health , economy , society or environment , it should be possible for these measures to be adopted by the urgency procedure . ### however , those control strategies may substantially vary between different listed diseases . thus this regulation should provide for rules on the use of veterinary medicinal products for the prevention and control of listed diseases and for harmonised criteria for consideration when determining whether or not to use and how to use vaccines , hyper - immune sera and antimicrobials . for example , routine administering of vaccines , hyper - immune sera , antimicrobials and other veterinary medicines to animals by animal keepers , operators , veterinarians and animal health professionals should only be tolerated when there are no adverse effects on public health , animal health and animal welfare , both by the practice or the consumption of products of these animals . in order to ensure a flexible approach and to address the specificities of different listed diseases and the availability of the effective treatments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the restrictions , prohibitions or obligations to use certain veterinary medicinal products in the framework of the control of certain listed diseases . in the case of urgency and in order to address emerging risks with possible devastating implications for animal or public health , economy , society or environment , it should be possible for these measures to be adopted by the urgency procedure .


### 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 interests of the rightholders whose rights they represent and do not impose on them any obligations which are not objectively necessary for the protection of the rights and interests of these 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 .


### 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 .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall use this amount for its cultural fund . if no such fund exists , the collecting society shall repay the amount to the users .


### the assets shall be invested in the best interests of members ; where there is any potential conflict of interest , the collecting society shall ensure that the investment is made in the sole interest of members ; ### where there is any potential conflict of interest , the collecting society shall ensure that the investment is made in the sole interest of these rightholders ;


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ;


### since rightholders are entitled to be remunerated for the exploitation of their rights , it is important for any deduction , other than management fees or deductions required by national law , to be decided by the members of collecting societies and for the societies to be transparent towards rightholders regarding the rules governing those deductions . any such rightholder should have access in a non - discriminatory manner to any social , cultural or educational service funded through such deductions . however , this directive should not affect national law on any aspects that are not regulated by this directive . ### since rightholders are entitled to be remunerated for the exploitation of their rights , it is important for any deduction , other than management fees , for example a deduction for social , cultural or educational purposes , or deductions required by national law , to be decided by the members of collecting societies and for the societies to be transparent towards rightholders regarding the rules governing those deductions . any such rightholder should have access in a non - discriminatory manner to any social , cultural or educational service funded through such deductions . however , this directive should not affect national law on any aspects that are not regulated by this directive .


### ' 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 profit or nonprofit 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 ;


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


### the prevention and control rules of this regulation for a specific transmissible animal disease should apply to species of animals which can transmit the disease in question , by being susceptible to it or by acting as its vector . in order to ensure uniform conditions for the implementation of this regulation , it is necessary to establish a harmonised list of species to which the measures for specific listed diseases should apply at union level and thus implementing powers to lay down such a list should be conferred on the commission . ### the prevention and control rules of this regulation for a specific transmissible animal disease should apply to species of animals which can transmit the disease in question , by being susceptible to it or by acting as its vector . it is thus necessary to establish a harmonised list of species to which the measures for specific listed diseases should apply at union level and which should be set out in a table in an annex to this regulation . the power to adopt acts amending or supplementing such a list should be delegated to the commission in accordance with article 290 of the treaty on the functioning of the european union .


### take appropriate biosecurity measures , taking into account the risks involved , to ensure the health of those kept animals and products and to prevent the introduction into , development and multiplication within and spread between and from such kept animals and products under their responsibility of diseases , except where that is specifically authorised for scientific purposes , as appropriate for : ### take appropriate biosecurity measures , taking into account the risks involved , to ensure the health and welfare of those kept animals and products and to prevent the introduction into , development and multiplication within and spread between and from such kept animals and products under their responsibility of diseases and microorganisms that have developed resistance to antimicrobials , except where that is specifically authorised for scientific purposes , as appropriate for :


### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no 1760 / 2000 , no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply . ### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply .


### operators shall ensure that establishments under their responsibility receive animal health visits from a veterinarian when appropriate due to the risks posed by the establishment , taking into account : ### operators shall ensure that establishments under their responsibility receive animal health visits from a veterinarian . those animal health visits shall be at frequencies that are proportionate to the risks posed by the establishment . taking into account :


### on duly justified imperative grounds of urgency relating to a disease representing an emerging risk of highly significant impact the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 255 . ### where in the case of a disease representing an emerging risk of highly significant impact , imperative grounds of urgency so require , the procedure provided for in article 254 shall apply to delegated acts adopted pursuant to this article .


### optimal animal health management can only be achieved in cooperation with animal keepers , operators , other stakeholders and trading partners . to secure their support it is necessary to organise decision making procedures and the application of the measures provided for in this regulation in a clear and transparent manner . therefore the competent authority should take appropriate steps to keep the public informed , especially when there are reasonable grounds to suspect that animals or products may present a risk for animal or public health and when a case is of public interest . ### optimal animal health management can only be achieved in cooperation with animal keepers , operators , veterinarians , animal health professionals , other stakeholders and trading partners . to secure their support it is necessary to organise decision making procedures and the application of the measures provided for in this regulation in a clear and transparent manner . therefore the competent authority should take appropriate steps to keep the public informed , especially when there are reasonable grounds to suspect that animals or products may present a risk for animal or public health , food safety or the environment and when a case is of public interest .


### the commission shall take into account the following criteria when adopting implementing acts provided for in paragraph 1 : ### the commission shall take into account the following criteria when adopting delegated acts provided for in paragraph 1 :


### in laying down those animal health rules , it is essential that considerations are given to the link between animal health and public health , the environment , food and feed safety , animal welfare , food security , economic , social and cultural aspects . ### in laying down those animal health rules , it is essential that considerations are given to the link between animal health and public health , the environment , food and feed safety , food security , economic , social and cultural aspects , and especially animal welfare , given the interdependency of animal welfare and animal health , trying to minimize animal suffering and provide pro - active solutions to disease risks .


### the commission shall , by means of implementing acts , establish a list of listed diseases , as referred to in paragraph 1 . ### a table of listed diseases , as referred to in paragraph 1 , is set out in annex - i . the commission shall be empowered to adopt delegated acts in accordance with art . 253 concerning amendments to the listed diseases set out in this annex to take account of technical and scientific progress , the developments of relevant international standards and changed circumstances in public and animal health .


### the commission may , by means of implementing acts , amend or terminate where necessary eradication programmes approved in accordance with points and . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 255 . ### the commission may , by means of implementing acts , require the member states to amend or terminate where necessary eradication programmes approved in accordance with points and . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 255 .


### however , those control strategies may substantially vary between different listed diseases . thus this regulation should provide for rules on the use of veterinary medicinal products for the prevention and control of listed diseases and for harmonised criteria for consideration when determining whether or not to use and how to use vaccines , hyper - immune sera and antimicrobials . in order to ensure a flexible approach and to address the specificities of different listed diseases and the availability of the effective treatments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the restrictions , prohibitions or obligations to use certain veterinary medicinal products in the framework of the control of certain listed diseases . in the case of urgency and in order to address emerging risks with possible devastating implications for animal or public health , economy , society or environment , it should be possible for these measures to be adopted by the urgency procedure . ### however , those control strategies may substantially vary between different listed diseases . thus this regulation should provide for rules on the use of veterinary medicinal products for the prevention and control of listed diseases and for harmonised criteria for consideration when determining whether or not to use and how to use vaccines , hyper - immune sera and antimicrobials . for example , routine administering of vaccines , hyper - immune sera , antimicrobials and other veterinary medicines to animals by animal keepers , operators , veterinarians and animal health professionals should only be tolerated when there are no adverse effects on public health , animal health and animal welfare , both by the practice or the consumption of products of these animals . in order to ensure a flexible approach and to address the specificities of different listed diseases and the availability of the effective treatments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the restrictions , prohibitions or obligations to use certain veterinary medicinal products in the framework of the control of certain listed diseases . in the case of urgency and in order to address emerging risks with possible devastating implications for animal or public health , economy , society or environment , it should be possible for these measures to be adopted by the urgency procedure .


### the commission shall by means of implementing acts establish which of the listed diseases referred to in in article 8 shall be subject to immediate notification by the member states in accordance with paragraph 1 of this article . ### the commission shall be empowered to adopt delegated acts in accordance with article 253 concerning the listed diseases referred to in in article 8 which shall be subject to immediate notification by the member states in accordance with paragraph 1 of this article .


### member states which are not free or not known to be free from one or more of the listed diseases referred to in article 8 and which decide to establish a programme for the eradication of that listed disease to be carried out in the animal populations concerned by it and covering the relevant parts of their territory or zones or compartments thereof shall submit it to the commission for approval . ### member states which are not free or not known to be free from one or more of the listed diseases referred to in article 8 and which decide to establish a programme for the eradication of that listed disease , preferably by vaccination or other treatment , to be carried out in the animal populations concerned by it and covering the relevant parts of their territory or zones or compartments thereof shall submit it to the commission for approval .


### the disease specific rules for listed diseases provided for in this regulation and the rules adopted pursuant to this regulation shall apply to listed species . ### the disease specific rules for listed diseases provided for in this regulation and the rules adopted pursuant to this regulation shall apply to species listed in annex &#8211 ; i .


### in order to ensure uniform conditions for the implementation of this regulation in relation to transmissible animal diseases at union level , it is necessary to establish a harmonised list of transmissible animal diseases . thus implementing powers to lay down such a list should be conferred on the commission . ### it is necessary to establish a harmonised list of transmissible animal diseases , which should be set out in a table in an annex attached to this regulation . the power to adopt acts amending or supplementing such a list should be delegated to the commission in accordance with article 290 of the treaty on the functioning of the european union .


### the member states may take measures concerning the use of veterinary medicinal products for listed diseases , to ensure the most efficient disease prevention or control for those diseases , provided that such measures comply with the rules on the use of veterinary medicinal products laid down in delegated acts adopted pursuant to article 47 . ### the member states shall take measures concerning the responsible use of veterinary medicinal products for infectious diseases , to ensure the most efficient disease prevention or control for those diseases , provided that such measures comply with the rules on the use of veterinary medicinal products laid down in delegated acts adopted pursuant to article 47 .


### the detection of any signs indicative of the occurrence of listed diseases or emerging diseases ; ### the detection of any signs indicative of the occurrence of listed diseases or emerging diseases and / or of risk factors leading thereto ;


### early detection and a clear chain of disease notification and reporting are crucial for effective disease control . in order to achieve an efficient and quick response any suspicion or confirmation of an outbreak of certain listed diseases should be immediately notified to the competent authority . those notification obligations should be applicable to any natural and legal person in order to ensure that no disease outbreaks remain unnoticed . ### early detection and a clear chain of disease notification and reporting are crucial for effective disease control . in order to achieve an efficient and quick response any suspicion or confirmation of an outbreak of certain listed diseases should be immediately notified to the competent authority . those notification obligations should be applicable to any natural and legal person in order to ensure that no disease outbreaks remain unnoticed . member states should ensure that operators and animal professionals are adequately informed of their obligations under this regulation .


### on duly justified imperative grounds of urgency relating to a disease representing an emerging risk of highly significant impact the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 255 . ### where in the case of a disease representing an emerging risk of highly significant impact , imperative grounds of urgency so require , the procedure provided for in article 254 shall apply to delegated acts adopted pursuant to this article . the commission shall no later than six weeks after adoption of these emergency measures present a report to the european parliament and council describing these measures in detail and their impact , where appropriate , on : - the agricultural and / or aquaculture production in the union ; - the functioning of the internal market ; - public health , animal health , animal welfare and the environment .


### the commission may , by means of implementing acts lay down rules concerning the disease prevention and control measures provided for in paragraph 1 of this article and the rules adopted pursuant to paragraph 2 thereof . ### without prejudice to regulation no 576 / 2013 on the non - commercial movement of pet animals1a , the commission may , by means of implementing acts , lay down rules concerning the disease prevention and control measures in accordance with the provisions of paragraph 2 of this article . __________________ 1a oj l 178 , 28 . 6 . 2013 , p . 1 .


### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . operators and other animal professionals should therefore acquire such knowledge as appropriate . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . ### knowledge of animal health is a prerequisite for efficient animal health management and essential in ensuring the prevention and early detection of animal diseases . operators and other animal professionals should therefore be encouraged to acquire , maintain and develop such knowledge , including of disease symptoms , consequences of diseases , possible means of prevention including biosecurity , treatment and control , the dangers posed by anti - microbial resistance and the link between animal health and animal welfare and animal husbandry practices . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . however , with regard to the multi - facetted and international dimension in which operators and other animal professionals operate , sole reliance on professional experience is no longer compatible with an eu animal health strategy that focuses on prevention .