### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’ whereby the commission engages to radically simplify access of participants . ### horizon 2020 should be implemented with a view to contributing directly to creating citizens welfare , social , economic and ecological sustainability , industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’ whereby the commission engages to radically simplify access of participants .


### lack of access to credit is one of the main obstacles to business creation , especially among people furthest from the labour market . union and national efforts in this area need to be stepped up in order to increase the supply of microfinance and meet demand from those who need it most , and in particular unemployed and vulnerable people who wish to start up or develop a micro - enterprise , including on a self - employed basis , but do not have access to credit . as a first step , in 2010 the european parliament and the council set up the facility . ### lack of access to credit is one of the main obstacles to business creation , especially among people furthest from the labour market . union and national efforts in this area need to be stepped up in order to increase the supply of microfinance and meet demand from those who need it most , and in particular unemployed and vulnerable people who wish to start up or develop a micro - enterprise , including on a self - employed basis , but do not have access to credit . as a first step , in 2010 the european parliament and the council set up the facility . it is also important for the credit offered to be made more flexible through non - bank institutions and for it to be adequate to cover the technological modernisation and improvements needed to safeguard the liquidity and independence of micro , small and medium - sized enterprises .


### member states may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection , where , following his / her general statements or other relevant evidence , member states still have doubts concerning his / her age . ### member states may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection , where , following his / her general statements or other relevant evidence , member states still have doubts concerning his / her age . if those doubts persist after the medical examination , any decision shall always be for the benefit of the unaccompanied minor .


### the competent authorities may search the applicant and the items he / she carries with him / her , provided the search is carried out by a person of the same sex ; ### the competent authorities may search the applicant and the items he / she carries with him / her , provided the search is carried out by a person of the same sex who is age - and culture - sensitive ;


### a member state may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities are satisfied that an extradition decision will not result in direct or indirect refoulement in violation of international obligations of the member state . ### a member state may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities have established through the assessment of the united nations high commissioner for refugees and the european asylum support office that an extradition decision will not result in direct or indirect refoulement in violation of international obligations of the member state or expose the applicant to inhuman or degrading treatment upon arrival in the third country .


### member states shall also ensure that , where an application is rejected with regard to refugee status and / or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing . ### member states shall also ensure that , where an application is rejected or granted with regard to refugee status and / or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing at the time of issuing the decision .


### the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law ; ### the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law as well as human rights law and have completed the initial and follow - up training programme referred to in article 4 ;


### gender , trauma and age awareness ; ### gender , sexual orientation , trauma and age awareness ;


### provide for free legal assistance or representation in procedures in accordance with chapter v . this shall include , at least , the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant . ### provide for free legal assistance and representation in procedures in accordance with chapter v . this shall include , at least , the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant .


### member states shall also ensure that , where an application is rejected with regard to refugee status and / or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing . ### member states shall also ensure that , where an application is rejected or granted with regard to refugee status and / or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing .


### in cases where the determining authority consider that an applicant has been subjected to torture , rape or other serious forms of psychological , physical or sexual violence as described in article 21 of directive [ … / … / ec ] [ laying down minimum standards for the reception of asylum seekers ] , the applicant shall be granted sufficient time and relevant support to prepare for a personal interview on the substance of his / her application . ### in cases where the determining authority consider that an applicant has been subjected to torture , rape or other serious forms of psychological , physical or sexual violence as described in article 21 of directive [ … / … / ec ] [ laying down minimum standards for the reception of asylum seekers ] , the applicant shall be granted sufficient time and relevant support to prepare for a personal interview on the substance of his / her application . special attention shall be given to those applicants who did not mention their sexual orientation immediately .


### if the information supporting the application is inadequate , the designated authority shall notify the applicant of the additional information that is required . the period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required . ### if the information or the documents supporting the application are incomplete according to publicly specified criteria , the competent authority shall notify the applicant of the additional information or documents that are required . if applicable , it shall also inform the applicant as to where to get the information or the documents . the period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required .


### in an increasingly global labour market , the eu should enhance its appeal to attract third - country workers . this should be facilitated by administrative simplification and by facilitating access to relevant information . provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonizing the diverging rules currently applicable in member states . such procedural simplification has already been introduced by the majority of member states and has made for a more efficient procedure both for the migrants and for their employers , and allowed easier controls of the lawfulness of their residence and employment . ### to the extent that applications to reside and work in the territory of a member state are concomitant , provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonising the diverging rules currently applicable in member states . such procedural simplification has already been introduced by the majority of member states and has made for a more efficient procedure both for the migrants and for their employers , and allowed easier controls of the lawfulness of their residence and employment .


### biofuels produced from feedstocks listed in part b of annex ix shall be considered to be twice their energy content ; ### biofuels produced from feedstocks listed in part b of annex ix shall be considered to be once their energy content ;


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food or energy crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar , oil and energy crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to 3% of the final consumption of energy in transport in 2020 .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to prepare for the transition towards advanced and sustainable biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in those directives . the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets or receive public funding pursuant to directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . biofuels and bioliquids imported from third countries are counted towards this target . for the same reason and in order to avoid unequal treatment of biofuels and bioliquids from raw materials with similar impacts , it is appropriate to apply the same treatment to advanced biofuels .


### the 5% limit set up in article 3d does not affect the member states ' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target . as a consequence , the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open . therefore this amending directive does not affect the legitimate expectations of the operators of such installations . ### the 3% limit set up in article 3d does not affect the member states ' freedom to arrange their own trajectory as to compliance with the overall renewable energy target . the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open . therefore this amending directive does not affect the legitimate expectations of the operators of such installations .


### article 17 of directive 2009 / 28 / ec establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the directive and to qualify for inclusion in public support schemes . these criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels . identical sustainability criteria are established for biofuels under article 7b of directive 98 / 70 / ec . ### article 17 of directive 2009 / 28 / ec establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the directive and to qualify for inclusion in public support schemes . these criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels . identical sustainability criteria are established for biofuels under article 7b of directive 98 / 70 / ec . these criteria should be supplemented with safeguards to ensure cascade of use and respect of waste - hierarchy .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels and bioliquids .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### by [ one year after the date of entry into force of this directive ] , the commission shall submit a report to the european parliament and the council reviewing the positive and negative environmental , social and economic impacts of conventional and advanced biofuels and bioliquids . the report shall be based on the best available scientific information . the report shall review the environmental impacts of biofuels and bioliquids on , inter alia , greenhouse gas emissions , biodiversity , soils and use . in assessing the economic impacts of biofuels and bioliquids , the report shall take into account the costs directly and indirectly borne by european consumers and taxpayers , notably deriving from support schemes and fuel prices , as well as employment directly created in the biofuel and bioliquid industry . the review of the social impacts of biofuels and bioliquids shall examine the sharing of benefits and risks with third parties in the regions from which raw materials originate , notably indigenous and local communities . the application and effectiveness of existing rules on social sustainability , inter alia as laid down in recognised voluntary schemes , shall also be reviewed . in assessing the environmental , social and economic impacts of biofuels and bioliquids , the report shall consider the technical and economical availability of sustainable raw materials and the benefits foregone from diverting them from other uses , notably in food and feed production , in products or as natural fertilisers . the whole life cycle of conventional and advanced biofuels and bioliquids shall be considered . the use of fossil fuels at each step of the life cycle , notably for the production of fertilisers , process and transport energy , shall be analysed with a view to evaluating the energy return on energy invested of both conventional and advanced biofuels and bioliquids and to verifying the energy security impact of biofuels and bioliquids . if appropriate in light of the report , the commission shall make proposals to the european parliament and the council .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in article 2 , article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 19 and 19 shall be conferred on the commission for a period of four years from [ the date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the four - year period . the delegation of power shall be tacitly extended for periods of an identical duration unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council analysing , on the basis of the latest available scientific evidence available , based on the most reliable scientific model , the effectiveness of the measures introduced by this directive in : limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids ; b ) encouraging research and development into new production pathways for advanced biofuels , which do not compete with crops intended for human or animal consumption ; c ) encouraging the collection of reliable and comparable data on indirect land use change greenhouse gas emissions ; the report shall , if appropriate , be accompanied by a legislative proposal based on scientific evidence obtainable using the most reliable scientific model , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . also , having regard to the indirect land use change estimates , from 1 january 2021 , incentives shall cease to be provided for biofuels that do not lead to substantial greenhouse gas savings and that are produced from crops used for food and feed .


### in view of the union ' s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions , article 7a of directive 98 / 70 / ec relating to the quality of petrol and diesel fuels and amending council directive 93 / 12 / ec requires fuel suppliers to reduce by at least 6% by 31 december 2020 the life cycle greenhouse gas emissions per unit of energy of fuels used in the union by road vehicles , non - road mobile machinery , agricultural and forestry tractors and recreational craft when not at sea . the blending of biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied . ### in view of the union ' s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions , article 7a of directive 98 / 70 / ec relating to the quality of petrol and diesel fuels and amending council directive 93 / 12 / ec [ 1 ] requires fuel suppliers to reduce by at least 6% by 31 december 2020 the life cycle greenhouse gas emissions per unit of energy of fuels used in the union by road vehicles , non - road mobile machinery , agricultural and forestry tractors and recreational craft when not at sea . the blending of zero or low greenhouse gas emissions biofuels and other fuels derived from unavoidable waste gas using carbon capture and utilisation for transport purposes are among the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied . in order to ensure investment security for such advanced transport fuels , the 2020 target should be complemented with a binding annual trajectory leading to 10% reductions in greenhouse gas intensity of fuels used in the union in 2025 .


### ‘ article 10a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . 3 . the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ' ### ‘ article 10a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . 3 . the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . '


### the following point is added : ‘ for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ’ ### the following point is added : ‘ for the calculation of the numerator , the share of energy shall be the following : - from biofuels produced from cereal and other starch rich crops , sugars and oil crops , it shall be no more than 6 , 5% of the final consumption of energy in transport in 2020 ; - from advanced biofuels produced from feedstock listed in annex ix , it shall be up to 3% of the final consumption of energy in transport in 2020 ; - from other types of renewable energy sources consumed as well as from energy efficiency and energy saving measures in all forms of transport . ’


### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st july 2014 . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place . ### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations in operation . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place .


### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ### the share of energy from biofuels produced from cereal and other starch rich crops , sugars , oil and energy crops shall be no more than 3% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 .


### the following annex ix is added : ' annex ix part a . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content algae . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste . straw . animal manure and sewage sludge . palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells . husks . cobs bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . non - food cellulosic material . ligno - cellulosic material except saw logs and veneer logs . ### the following annex ix is added : ' annex ix part a . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be two times their energy content algae . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste . animal manure and sewage sludge . tall oil pitch . crude glycerine . grape marcs and wine lees . used cooking oil ligno - cellulosic material including straw , bagasse , nut shells , husks and cobs but excluding sawdust , sawlogs and veneer logs . part b . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be 1 , 2 their energy content animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for a period of five years from [ the date of entry into force of this directive ] .


### the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive .


### the agency should provide training , including on fundamental rights , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals illegally present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency’s work in this perspective in the national training programs of their border guards . ### the agency should provide training , including on fundamental rights , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals irregularly present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency’s work in this perspective in the national training programs of their border guards .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall also have the power to monitor the state in the rail services markets with a view to preventing discrimination between applicants . among others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks .


### ' infrastructure manager ' means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms ; ### ' infrastructure manager ' means any body or firm responsible whose functions include establishing , managing , maintaining and investing in railway infrastructure , safety issues , traffic management and control - command , signalling and all related ; the infrastructure manager will take decisions on train path definition , assessment of available capacity and consequent allocation of path including the determination and the collection of infrastructure charges established accordingly ;


### rules for dealing with major disruptions of operations and emergency situations , including a minimum service level in case of strikes , if any , and early termination of the contractual agreement , and information of users ; ### rules for dealing with major disruptions of operations and emergency situations and early termination of the contractual agreement , and information of users ;


### basic principles and parameters of such agreements are set out in annex vii which may be amended in the light of experience in accordance with the procedure referred to in article 60 . ### basic principles and parameters of such agreements are set out in annex vii .


### have not been convicted of serious or repeated failure to fulfil social or labour law obligations , including obligations under occupational safety and health legislation , and customs law obligations in the case of a company seeking to operate cross - border freight transport subject to customs procedures . ### have not been convicted of any failure to fulfil social or labour law obligations , including obligations under safety , occupational safety and health legislation , and customs law obligations in the case of a company seeking to operate cross - border freight transport subject to customs procedures .


### to ensure transparency and non - discriminatory access to rail infrastructure and rail - related services for all railway undertakings , all the information required to use access rights is to be published in a network statement . ### information on right of access and condition of use of rail infrastructure including all rail - related services for all railway undertakings should be provided and published in a network statement by the infrastructure manager .


### independence of essential functions of an infrastructure manager ### independence of an infrastructure manager


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing the applying railway undertaking to operate the freight or passenger service concerned on the same route or alternative under economically acceptable conditions . this shall not oblige the railway operator of the service facility to make investments to accommodate all request received from railway undertaking . the burden of proving for the existence of a viable alternative lies with the regulatory body thus avoiding disputes and delays .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action .


### these market segments shall be established in accordance with the criteria laid down in annex viii , point 3 subject to the prior approval of the regulatory body . for market segments for which there is no traffic , mark - ups shall not be included in the charging system . ### these railway market segments and the corresponding mark - ups proposed shall be established in accordance with the procedure laid down in annex viii , point 3 . for market segments for which there is no traffic , mark - ups shall not be included in the charging system initially .


### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may , if the market can bear this , levy mark - ups on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal competitiveness in particular of international rail freight . the charging system shall respect the productivity increases achieved by railway undertakings . ### in order to obtain full recovery of the costs incurred by the infrastructure manager , a member state may authorise that the infrastructure manager may , on any given market segment , and if that market segment can bear this , levy a mark - up on the basis of efficient transparent and non - discriminatory principles , while guaranteeing optimal competitiveness of the railway sector .


### the minimum access package shall comprise : ### the right to access shall comprise the following services and railway facilities whose related costs and corresponding charges for their use will be paid to the respective railway enterprises providing them , both infrastructure manager and concerned railway operators :


### network - wide overhead costs , including salaries and pensions ; ### network - wide overhead costs ;


### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a reasonable period before their appointment , and explicitly stating it by an appropriate declaration of interest during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a reasonable period . they shall have full authority over the recruitment and management of the staff of the regulatory body according to national laws .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social and work conditions and the rights of workers to decent work and wages and consumers to reliable services on specific stretches of track .


### – access way for passengers and goods , including access by road ; ### – railway access way for passengers and goods , including the related building facilities and pedestrian or road access ;


### the services referred to in annex iii , point 2 , shall be supplied by all operators of service facilities in a non - discriminatory manner . ### railway operators providing services facilities as referred to in annex iii to railway undertakings could be monitored in such activity by the regulatory body to avoid disputes or unreasonable delays ; to guarantee full transparency and fair access to their facilities , the concerned railway operator , irrespective of its ownership or its belonging to an integrated railway group , shall have to show separate accounts for each service facility provided .


### these market segments shall be established in accordance with the criteria laid down in annex viii , point 3 subject to the prior approval of the regulatory body . for market segments for which there is no traffic , mark - ups shall not be included in the charging system . ### these market segments shall be established in accordance with the procedure laid down in annex viii , point 3 .


### charges for the use of railway infrastructure and of service facilities shall be paid to the infrastructure manager and to the service facility operator respectively and used to fund their business . ### charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively .


### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may , if the market can bear this , levy mark - ups on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal competitiveness in particular of international rail freight . the charging system shall respect the productivity increases achieved by railway undertakings . ### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may authorise that the infrastructure manager may , on any given railway market segment , and if the concerned conditions are bearable , levy a mark - up on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal effectiveness of the railway sector . the charging system shall respect the productivity increases achieved by railway undertakings .


### the regulatory body shall ensure that charges set by the infrastructure manager comply with chapter iv , section 2 and are non - discriminatory . negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body . the regulatory body shall intervene if negotiations are likely to contravene the requirements of this chapter . ### the regulatory body shall ensure that charges set by the infrastructure manager comply with chapter iv , section 2 and are non - discriminatory and negotiations between applicants and an infrastructure manager concerning the level of those charges are consistent with the provisions of chapter iv , section 2 . under request of actors set in paragraph 1 , the regulatory body shall intervene if negotiations contravene the requirements of this chapter .


### ' infrastructure manager ' means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms ; ### ' infrastructure manager ' means any body or firm responsible whose functions include establishing , managing , maintaining and investing in railway infrastructure , safety issues , traffic management and control - command , signalling and all related ; the infrastructure manager will take decisions on train path definition , assessment of available capacity and consequent allocation of path including the determination and the collection of infrastructure charges established accordingly ;


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### the regulatory body shall also have the power to monitor the state in the rail services markets with a view to preventing discrimination between applicants . among others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks .


### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### when charging for the cost of noise effects is allowed in a mandatory way by union legislation for road transport , the infrastructure charges shall be modified accordingly to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 in order to incentivise retro - fitting rolling stock in favour of less noisy equipment .


### use of electrical supply equipment for traction current , where available ; ### use of electrical supply equipment for traction current and use of traction current when needed with the respective charges to be shown separately ;


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the railway operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action .


### points , and of paragraph 1 shall not apply to activities carried out by public authorities in the exercise of their public powers . ### points and of paragraph 1 shall not apply to activities carried out by public authorities in the exercise of their public powers .


### the processing of personal data solely for journalistic purposes , or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly . therefore , member states should classify activities as ‘ journalistic’ for the purpose of the exemptions and derogations to be laid down under this regulation if the object of these activities is the disclosure to the public of information , opinions or ideas , irrespective of the medium which is used to transmit them . they should not be limited to media undertakings and may be undertaken for profit - making or for non - profit making purposes . ### whenever necessary , exemptions or derogations from the requirements of certain provisions of this regulation for the processing of personal data should be possible in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . in accordance with the protocol on the system of public broadcasting in the member states annexed treaty on european union , the treaties establishing the european communities and certain related acts , the competence of member states to define and organize public service broadcasting shall also be respected in the field of data protection . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly .


### independently of a data subject ' s complaint , any body , organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any member state , if it considers that a personal data breach has occurred . ### independently of a data subject ' s complaint , any body , organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any member state , if it considers that a personal data breach has occurred or when it considers that a controller or processor has breached its obligations under article 23 .


### other reasons of public interest in areas such as social protection , especially in order to ensure the quality and cost - effectiveness of the procedures used for settling claims for benefits and services in the health insurance system . ### other reasons of public interest in areas such as social protection , especially in order to ensure the quality of the procedures used for settling claims for benefits and services in the health insurance system .


### the purposes of the processing for which the personal data are intended , including the contract terms and general conditions where the processing is based on point of article 6 and the legitimate interests pursued by the controller where the processing is based on point of article 6 ; ### the purposes of the processing for which the personal data are intended , including the contract terms and general conditions where the processing is based on point of article 6 and the legitimate interests pursued by the controller where the processing is based on article 6 , and ;


### the commission may decide that a third country , or a territory or a processing sector within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 to decide that a third country , or a territory within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 .


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject shall have the right to object at any time to the processing of personal data which is based on points and of article 6 .


### the controller or the processor shall designate a data protection officer for a period of at least two years . the data protection officer may be reappointed for further terms . during their term of office , the data protection officer may only be dismissed , if the data protection officer no longer fulfils the conditions required for the performance of their duties . ### the controller or the processor shall designate a data protection officer for a period of at least two years . the data protection officer may be reappointed for further terms . during their term of office , the data protection officer may only be dismissed , if the data protection officer no longer fulfils the conditions required for the performance of their duties . the controller shall inform the competent supervisory authority of the reasons for his dismissal .


### by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . ### by competent public authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points to of article 5 and articles 11 to 20 and article 32 , when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard : ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided in points and of article 5 and articles 11 to 13 and 15 to 19 , article 20 , paragraph 1 , 2 and 4 and article 32 , provided that it meets a clearly defined objective of public interest , respects the essence of the right to protection of personal data , is proportionate to the legitimate aim pursued and respects the fundamental rights and interests of the data subject in order to safeguard :


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or philosophical beliefs , sexual orientation or gender identity , trade - union membership and activities , and the processing of genetic data or data concerning health or sex life or criminal convictions , or related security measures shall be prohibited .


### the data are not collected from the data subject and the provision of such information will impair the rights and freedoms of others , as defined in union law or member state law in accordance with article 21 . ### the data are not collected from the data subject and the provision of such information will impair the rights and freedoms of other natural persons , as defined in union law or member state law in accordance with article 21 .


### a monitoring , inspection or regulatory function connected , even occasionally , with the exercise of official authority in cases referred to in , , and ; ### a monitoring , inspection or regulatory function in the framework of the exercise of a competent public authority in cases referred to in , , and ;


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment and the social security context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , in accordance with this regulation , to adopt by law specific rules for the processing of personal data in the employment sector .


### the processing of personal data solely for journalistic purposes , or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly . therefore , member states should classify activities as ' journalistic ' for the purpose of the exemptions and derogations to be laid down under this regulation if the object of these activities is the disclosure to the public of information , opinions or ideas , irrespective of the medium which is used to transmit them . they should not be limited to media undertakings and may be undertaken for profit - making or for non - profit making purposes . ### whenever necessary , exemptions or derogations from the requirements of certain provisions of this regulation for the processing of personal data should be possible in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly .


### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks . ### where none of the legal grounds for the processing of personal data referred to in paragraph 1 apply , processing of personal data shall be lawful if and to the extent that it is necessary for and proportionate to the purposes of well - defined legitimate interests pursued by the controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data . the data controller shall in that case inform the data subject about the data processing explicitly and separately , and shall inform him of the possibility to seek redress via the supervisory authority . the controller shall also publish the reasons for believing that its interests override the interests or fundamental rights and freedoms of the data subject . this paragraph shall not apply to processing carried out by public authorities in the performance of their tasks .


### where the personal data are not collected from the data subject , at the time of the recording or within a reasonable period after the collection , having regard to the specific circumstances in which the data are collected or otherwise processed , or , if a disclosure to another recipient is envisaged , and at the latest when the data are first disclosed . ### where the personal data are not collected from the data subject , at the time of the recording or within a reasonable period after the collection , having regard to the specific circumstances in which the data are collected or otherwise processed , or , if a transfer to another controller is envisaged , and at the latest at the time of the transfer .


### the recipients or categories of recipients of the personal data ; ### the recipients of the personal data , including the controllers to whom personal data are disclosed for the legitimate interests pursued by them ;


### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; ### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; further processing carried out by archive services in accordance with member state law shall be deemed compatible with those purposes and shall be subject to the provisions of article 83a ;


### member states shall provide for exemptions or derogations from the provisions on the general principles in chapter ii , the rights of the data subject in chapter iii , on controller and processor in chapter iv , on the transfer of personal data to third countries and international organisations in chapter v , the independent supervisory authorities in chapter vi and on co - operation and consistency in chapter vii for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression . ### member states shall provide for exemptions or derogations from the provisions on the general principles in chapter ii , the rights of the data subject in chapter iii , on controller and processor in chapter iv , on the transfer of personal data to third countries and international organisations in chapter v , the independent supervisory authorities in chapter vi and on co - operation and consistency in chapter vii whenever necessary to reconcile the right to the protection of personal data with the rules governing freedom of expression in accordance with the charter of fundamental rights of the european union and its referral to the echr .


### other public interests of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , including monetary , budgetary and taxation matters and the protection of market stability and integrity ; ### other public interests of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , including monetary , budgetary and taxation matters ;


### processing is necessary for the performance of a task carried out in the public interest , on the basis of union law , or member state law which shall provide for suitable measures to safeguard the data subject ' s legitimate interests ; or ### processing is necessary for the performance of a task carried out in a well - defined and substantial public interest , on the basis of union law , or member state law which shall be proportionate to the aim pursued , respect the essence of the right to data protection and provide for adequate measures to safeguard the fundamental rights and interests of the data subject ; or


### the public interest referred to in point of paragraph 1 must be recognised in union law or in the law of the member state to which the controller is subject . ### the public interest referred to in point of paragraph 1 must be recognised in international conventions , in union law or in the law of the member state to which the controller is subject . this derogation shall only be used for occasional transfers . in each and every case , a careful assessment of all circumstances of the transfer needs to be carried out .


### in particular , any legislative measure referred to in paragraph 1 shall contain specific provisions at least as to the objectives to be pursued by the processing and the determination of the controller . ### any legislative measure referred to in paragraph 1 shall contain specific provisions as to the objectives to be pursued by the processing , the categories of personal data processed , the specific means and purposes of processing , the categories of persons entitled to process the data , the designation of the controller , and the safeguards against unlawful access or transfer of data .


### the data subject has given consent to the processing of their personal data for one or more specific purposes ; ### the data subject has given consent to the processing of their personal data for one or more specific purposes , in the form as described in article 7 ;


### processing is necessary for the performance of a task carried out in the public interest , on the basis of union law , or member state law which shall provide for suitable measures to safeguard the data subject ' s legitimate interests ; or ### processing is necessary for the performance of a task carried out in the public interest , on the basis of union law , or member state law which shall provide for suitable measures to safeguard the fundamental rights and the interests of the data subject ; or


### where requests are manifestly excessive , in particular due to their repetitive character , the supervisory authority may charge a fee or not take the action requested by the data subject . the supervisory authority shall bear the burden of proving the manifestly excessive character of the request . ### where requests are manifestly excessive , in particular due to their repetitive character , the supervisory authority may charge a fee to take the action requested by the data subject . the level of such a fee shall not exceed the costs of taking the action requested . the supervisory authority shall bear the burden of proving the manifestly excessive character of the request .


### the processing of personal data solely for journalistic purposes , or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly . therefore , member states should classify activities as ‘ journalistic’ for the purpose of the exemptions and derogations to be laid down under this regulation if the object of these activities is the disclosure to the public of information , opinions or ideas , irrespective of the medium which is used to transmit them . they should not be limited to media undertakings and may be undertaken for profit - making or for non - profit making purposes . ### whenever necessary , exemptions or derogations from the requirements of certain provisions of this regulation for the processing of personal data should be possible in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . member states competence to define and organize public service broadcasting in accordance with protocol no . 29 to the treaty of the european union shall be respected . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly .


### partial access may be rejected if such rejection is justified by an overriding reason of general interest , such as public health , it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary . ### partial access may be rejected if such rejection is justified by reasons of general interest to safeguard public health ;


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


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


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


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


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


### the requesting collecting society shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works . where information is insufficient or provided in a form that does not allow the requested collecting society to meet the requirements of this title , the requested collecting society shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used . ### the requesting collective management organisation shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works , on the basis of standardised information categories . where information is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this title , the requested collective management organisation shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used .


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


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


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at high risk of discrimination or social exclusion , with special regard to marginalised communities , including the indicative financial allocation for the relevant csf funds . the integrated approach shall demonstrate how the csf funds will contribute to the delivery of integrated national antipoverty strategies which promote the inclusion of all groups facing or at risk of poverty and social exclusion , underpinned and detailed by national social reports ;


### an analysis of disparities and development needs with reference to the thematic objectives and key actions defined in the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ; ### an analysis of disparities and development needs with reference to the thematic objectives and key actions defined in the common strategic framework ;


### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### the csf funds shall provide support for socially and environmentally sustainable development , through multi - annual programmes , which complements national , regional and local intervention , also with a view to achieving the headline targets of the union strategy for smart , sustainable and inclusive growth .


### the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations ; ### the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations , as well as the specific actions taken to fight poverty and promote social inclusion of vulnerable groups of people ;


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ‘ european territorial cooperation’ programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between women and men and the integration of the gender equality perspective is promoted and ensured in the preparation , implementation , monitoring and evaluation of programmes in a timely and consistent manner .


### at least 25 % of the structural funds resources for less developed regions , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf . ### at least 35 % of the structural funds resources in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf .


### ‘ programming’ means the process of organisation , decision - making and allocation of financial resources in several stages intended to implement , on a multi - annual basis , the joint action by the union and the member states to achieve union strategy for smart , sustainable and inclusive growth ; ### ‘ programming ' means the process of organisation , decision - making and allocation of financial resources in several stages , also with a view to support , on a multi - annual basis , the joint action by the union and the member states to achieve the headline targets of the union strategy for smart , sustainable and inclusive growth ;


### ‘ partnership contract’ means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach , which sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , and which is approved by the commission following assessment and dialogue with the member state ; ### ' partnership contract ' means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach , which , taking account of its national reform programme , sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , and which is approved by the commission following assessment and dialogue with the member state ;