### 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 .


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a licence from a local collective management organisation for their own broadcasts of television and radio programmes which include musical works . a licence for online rights in musical works would be required in order to allow such television or radio programmes to be also available online . to facilitate the licensing of online music rights for the purposes of making available online of television and radio programmes , it is necessary to clarify that the multi - territorial licensing of musical works does not apply to such online use by broadcasters . such clarification should allow collective management organisations to continue to grant ‘ blanket licences’ for the world repertoire to broadcasters for the music use in both their offline and online services in accordance with the national law of the member state concerned and thereby enhance citizens ' access to television or radio programmes online and to material supplementing , previewing or reviewing that television or radio programme . such blankets licences should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union .


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


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


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


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


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


### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity . in an internal market where competition is not distorted , protecting innovation and intellectual creation also encourages investment in innovative services and products . ### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity , as well as promoting and safeguarding cultural diversity . in an internal market where competition is not distorted , protecting innovation and intellectual creation also encourages investment in innovative services and products .


### 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 .


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


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


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located .


### 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 .


### member states shall ensure that a collecting society makes the following information available at the request of any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay : ### member states shall ensure that a collective management organisation makes the following information available to any rightholder whose rights it represents , to any collective management organisation on whose behalf it manages rights under a representation agreement or to any user , by electronic means , without undue delay :


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall designate competent authorities which continuously monitor collective management organisations established in their territory . member states shall provide that their respective competent authorities may take appropriate administrative sanctions and / or measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive .


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### all members of collective management organisations should be allowed to participate and vote in the general meeting . the exercise of voting rights should be made easy , and whenever possible by electronic means .


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


### 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 . ### each member state should prepare , in cooperation with its partners , particularly those laid down in article 5 , and in dialogue with the commission , a partnership contract . the partnership contract should select the elements set out in the common strategic framework and put them into the national context , and set out firm commitments to the achievement of union objectives through the programming of the csf funds .


### 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 sustainable development needs with reference to the thematic objectives , to the horizontal principles set out in articles 6 , 7 and 8 of this regulation and the recommended actions defined in the common strategic framework , taking into account the targets set in the relevant country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ;


### - increase higher education participation among low income groups and other under - represented groups . ### - increase higher education participation among low income groups and other under - represented groups , with special consideration for the most vulnerable groups .


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


### bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . ### bodies representing civil society , including environmental partners , non - governmental organisations and bodies responsible for promoting gender equality and non - discrimination , non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy .


### the monitoring committee shall meet at least once a year and shall review implementation of the programme and progress towards achieving its objectives . in doing so , it shall have regard to the financial data , common and programme - specific indicators , including changes in result indicators and progress towards quantified target values , and the milestones defined in the performance framework . ### the monitoring committee shall meet at least twice a year and shall review implementation of the programme and progress towards achieving its objectives and the implementation of the horizontal principles as set out in articles 6 , 7 and 8 of this regulation . in doing so , it shall have regard to the financial data , common and programme - specific indicators , including changes in result indicators and progress towards quantified target values , and the milestones defined in the performance 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 , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth as well as to fulfil the specific missions of the funds pursuant to their treaty - based objectives , taking account of the relevant integrated guidelines , the relevant country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty .


### investing in education , skills and lifelong learning ; ### investing in education , skills , training and lifelong learning ;


### an operational programme shall consist of priority axes . a priority axis shall concern one fund for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . for the esf , a priority axis may combine investment priorities from different thematic objectives set out in article 9 , , and in order to facilitate their contribution to other priority axes , in duly justified circumstances . ### an operational programme shall consist of priority axes . a priority axis shall concern one fund and one for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . a priority axis may combine where necessary to increase impact and effectiveness in a thematically coherent integrated approach to pursuing the objectives and targets of the union strategy for smart , sustainable and inclusive growth :


### the adequacy of planned measures to promote equal opportunities between men and women and to prevent discrimination ; ### the adequacy of planned measures to promote equal opportunities between men and women and to prevent discrimination including measures to remove barriers to accessibility for persons with disabilities ;


### 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 equality between men and women and the coherent integration of the gender perspective into all stages of the preparation , programming and implementation , monitoring and evaluation of the csf funds with methods of the gender budgeting assessment . member states shall further allow for a balanced participation of women and men in the management and implementation of operational programmes at local , regional and national level and report on progress in this matter .


### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , bodies responsible for promoting gender equality and non - discrimination , as well as non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy . specific attention should be paid to groups that might be affected by the programmes and may have difficulties to influence them . the cooperation with the partners should follow the best practices . each member state should ensure an adequate level of technical assistance in order to facilitate their involvement and participation in all stages of the programming process . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . therefore the partners should represent the different territorial levels in accordance with the institutional structure of the member states . the partners should select and appoint their members representing them in the monitoring committee . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner .


### ‘ 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 as laid down in article 5 of this regulation , 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 while recognizing the different needs of the regions , and guarantees the necessary flexibility for the sustainable regional development , and which is approved by the commission following assessment and dialogue with the member state ;


### evaluations shall be carried out to improve the quality of the design and implementation of programmes , as well as to assess their effectiveness , efficiency and impact . impact of programmes shall be evaluated in accordance with the mission of the respective csf funds in relation to the targets for the union strategy for smart , sustainable and inclusive growth33 as well as in relation to gross domestic product and unemployment , where appropriate . ### evaluations shall be carried out to improve the quality of the design and implementation of programmes , as well as to assess their effectiveness , efficiency and impact . impact of programmes shall be evaluated in accordance with the mission of the respective csf funds in relation to the targets for the union strategy for smart , sustainable and inclusive growth33 as well as in relation to the climate targets , to the horizontal indicators , to the gross domestic product and to the unemployment and qualitative jobs , where appropriate . member states may use other social and environmental indicators , in addition to the gdp / inhabitant indicator , in order to have a more social vision of the well being situation in the evaluated region or member state .


### - is coherent with the national reform programme ; ### - is coherent with the national reform programme and national social reports ;


### programmes shall be drawn up by member states or any authority designated by them , in cooperation with the partners . ### programmes shall be drawn up by member states or any authority designated by them , in cooperation with the partners referred to in article 5 . the cooperation with the partners shall follow the best practices forming the basis for the code of conduct laid down in article 5 .


### the contribution to the integrated approach set out in the partnership contract to address the specific needs of geographical areas most affected by poverty or target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , and the indicative financial allocation ; ### the contribution to the integrated approach set out in the partnership contract to address the specific needs of geographical areas most affected by poverty and unemployment or target groups at highest risk of discrimination or social exclusion , with special regard to persons with disabilities and marginalised communities , and the indicative financial allocation ;


### ‘ 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 ;


### promoting employment and supporting labour mobility ; ### promoting quality employment and supporting labour mobility ;


### - is in accordance with the national poverty and social exclusion target , which includes the extension of employment opportunities for disadvantaged groups ; ### - lays out concrete proposals and public policy measures designed to work towards the achievement of the national poverty and social exclusion target , which includes the extension of quality employment opportunities for disadvantaged groups ;


### the development and implementation of the atm master plan requires regulatory actions in a wide variety of aviation subjects . the agency should , in supporting the commission for drafting technical rules , adopt a balanced approach to regulating different activities based on their specificities , acceptable levels of safety and an identified risk hierarchy of users to ensure a comprehensive and co - ordinated development of aviation . ### the development and implementation of the atm master plan requires regulatory actions in a wide variety of aviation subjects . the agency should , in supporting the commission for drafting technical rules , adopt a balanced approach and without conflict of interests , to regulating different activities based on their specificities , acceptable levels of safety , climate and environmental and sustainability an identified risk hierarchy of users to ensure a comprehensive and co - ordinated development of aviation .


### to regulate civil aviation in a way that best promotes its development , performance , interoperability and safety in a manner proportionate to the nature of each particular activity . ### to regulate civil aviation in a way that best promotes its sustainable development , performance , interoperability , safety , climate protections , environmentally friendliness and energy saving in a manner proportionate to the nature of each particular activity .


### unless confidentiality requirements apply , any memoranda of understanding between the eib and other european financial institutions or international financial institutions having a bearing on eib financing operations under this decision . ### any memoranda of understanding between the eib and other european financial institutions or international financial institutions having a bearing on eib financing operations under this decision .


### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . ### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , under the condition that such intermediaries are embedded in the local economy and contribute with local resources , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . through its cooperation agreements with those intermediary institutions , the eib should make sure that their client ' s projects can be checked against criteria which reflect the union ' s development goals and the bank ' s standards . the financial intermediaries ' activities in support of smes should be fully transparent and checked regularly by the eib .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . the eligibility criteria for climate action projects shall be further defined in the next revision of the regional operational technical guidelines , after thorough public consultations , and be reflected in the climate change strategy of the bank during the midterm review of this decision . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations .


### in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the eu . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign non - cooperative jurisdiction identified as such by the oecd , the financial action task force or other relevant international organisations . ### in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the eu . the eib shall also not cooperate with companies pursuing aggressive tax planning as defined by commission recommendation c 8806 . in particular the eib shall not participate in any financing operation implemented in an eligible country through a jurisdiction that - does provide for tax measures which entail no or nominal taxes or where advantages are granted even without any real economic activity and substantial economic presence within the jurisdiction offering such tax advantages ; - does not fully comply with the standards laid down in article 26 of the oecd model tax convention on income and on capital and ensures an effective exchange of information in tax matters , including any multilateral tax agreements ; - is listed as a non - cooperative country and territory by fatf ;


### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be : ### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . in order to do so it is key for the european year to support and leverage local and regional projects and initiatives that allow the people of an ageing society to contribute as much as possible to their society and to let the older people in this ageing society benefit from adequate protection , security and quality care . moreover , it is the task of member states and their cities and regions to provide for a framework in which stakeholders from the public and private sector can cooperate well together on these common goals . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market and volunteering activities , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be :


### the year 2012 shall be designated as the european year for active ageing . ### the year 2012 shall be designated as the european year for active ageing and solidarity between generations .


### to stimulate debate and develop mutual learning between member states and stakeholders at all levels in order to promote active ageing policies , to identify and disseminate good practice and to encourage cooperation and synergies ; ### to stimulate debate , encourage support and develop mutual learning between member states , stakeholders and civil society in order to promote active ageing policies more effectively , to identify and disseminate good practice and to encourage cooperation and synergies ;


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness at all administrative levels in member states , cities and regions of the value of active ageing in order to highlight the useful contributions older persons make to society and the economy , to promote active ageing , to do more to mobilise the potential of older persons , to put active ageing high up on the policy agenda of stakeholders at national , regional and local level and to promote intergenerational solidarity ;


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy by passing on their knowledge and skills , to promote active ageing , to do more to combat isolation , deprivation and social exclusion and encourage the inclusion of solidarity between generations on the political agenda of stakeholders at national , regional and local level ;


### be initiated to contain an incipient major accident within the installation , or within the exclusion zone established by the member state around the perimeter of the installation , or subsea wellhead ; ### be initiated to prevent escalation or limit consequences of an accident related to offshore oil and gas operations within an exclusion zone established by the member state around the perimeter of the installation , subsea wellhead or pipeline ;


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### member states should ensure that operators in their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations , through the provision of financial security , and should decide which instruments are appropriate for this purpose . as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure a robust liability regime for damages related to offshore oil and gas operations , and requirements on financial capacity including improving the availability of financial security instruments and arrangements . the commission should report on the findings and proposals within one year after adoption of this regulation .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .


### member states shall keep updated records of emergency response resources available in their jurisdiction by both public and private entities . those records shall be made available to other member states or potentially affected third countries and to the commission . ### member states shall keep updated records of emergency response resources available in their jurisdiction by both public and private entities . those records shall be made available to other member states or potentially affected third countries , to the agency and to the commission .


### the operator shall periodically test the effectiveness of the internal emergency response plans . ### the operator shall annually test the internal emergency response plan to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation , containment and control , recovery , clean - up and disposal operations .


### ' acceptable ' shall mean : rendering a risk of a major accident tolerable to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time , resources or cost ; ### ' acceptable ' shall mean : limiting the risk of a major accident to the furthest extent possible beyond which no significant reduction of the risk is derived from an appropriate input of further time , resources or cost ;


### licensees , operators and major contractors based in the union shall endeavour to conduct their offshore oil and gas operations when outside the union in accordance with the principles set out in this regulation . ### licensees , operators and major contractors based in the union shall conduct their offshore oil and gas operations when outside the union in accordance with the principles set out in this regulation .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns and vulnerability relating to the unique arctic waters , a neighbouring marine environment of particular importance for the community which plays an important role in mitigating climate change , require special attention to ensure the environmental protection of the arctic . as long as an effective response to any accident in the arctic conditions cannot be guaranteed , member states should refrain from authorising offshore activities , including exploration , in the area .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved , including the transparency and effectiveness of any response measures shall also be taken into account .


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### member states should ensure that operators demonstrate their ability to pay for the consequences of damage caused by their operations , at all phases of offshore projects , through the provision of financial security , and should decide which instruments are appropriate for this purpose . as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure a robust liability regime for damages related to offshore oil and gas operations , and requirements on financial capacity including improving the availability of financial security instruments and arrangements . the commission should , by 20 december 2013 , report to the european parliament and to the council on its findings and any proposals .


### every two years , the commission shall publish reports on the safety of offshore operations across the union based on the information reported to it by member states and the european maritime safety agency . the commission shall be assisted in this task by relevant member states pursuant article 26 . ### every two years , the commission shall publish reports on the safety of offshore operations across the union based on the information reported to it by member states and the european maritime safety agency . the commission shall be assisted in this task by the agency and relevant member states pursuant article 27 .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' responsibility for the costs of external emergency response .


### the commission shall by means of an implementing measure also determine a common publication format that shall enable easy cross - border comparison of data . this implementing act shall be adopted in accordance with the advisory procedure referred to in article 4 of the regulation no 182 / 2011 . while remaining accessible to general public , the common publication format shall be developed in view of the allowing for a reliable comparison of national operations and regulatory practices pursuant to this article and article 24 . ### the commission , assisted by the agency , shall by means of an implementing measure also determine a common publication format that shall enable easy cross - border comparison of data . this implementing act shall be adopted in accordance with the advisory procedure referred to in article 4 of the regulation no 182 / 2011 . while remaining accessible to general public , the common publication format shall be developed in view of the allowing for a reliable comparison of national operations and regulatory practices pursuant to this article and article 24 .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of financial activities in third countries , in particular payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose , as part of the annual report on financial statements , payments made to governments in the countries in which they operate on a per - country basis . the disclosure of such data is intended to enable investors to make better - informed decisions , thereby improving corporate governance and accountability and contributing to the containment of tax evasion . the report should incorporate disclosures on a country basis . for issuers active in the extractive industry , fisheries or the logging of primary forests , the report should also specify the specific project or projects to which those payments have been attributed , building on the disclosure requirements of the extractive industries transparency initiative to provide civil society with information whereby governments of resource - rich countries can be held to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation , which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering the union market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of financial activities in third countries , in particular payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose as part of the annual report of financial statements , payments made to governments in the countries in which they operate on a per - country basis . for issuers active in the extractive industry or loggers of primary forests , the report should also specify the specific project or projects to which those payments have been attributed , building on the disclosure requirements of the extractive industries transparency initiative to provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should also specify the specific project or projects to which those payments have been attributed and should build upon the disclosure requirement imposed by the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation , which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering the union market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures of article 36 to and and of regulation no 1698 / 2005 and of article 36 and of that regulation in relation to the annual premium , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases : ### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures referred to in articles 20 , 36 , 52 and 63 of regulation 1698 / 2005 , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases :


### in article 59 , the second and the third paragraphs are replaced by the following : ' it shall apply from 1 january 2015 . however , articles 20 , 22 , 35 , 37 and 39 shall apply from the date of entry into force of this regulation . ' ### in article 59 , the second and the third paragraphs are replaced by the following : ' it shall apply from 1 january 2015 . however , articles 18 , 20 , 22 , 28a , 35 , 37 and 39 shall apply from the date of entry into force of this regulation . articles 29 , 30 , 31 , 32 and 33 shall only apply from 1 january 2016 . '


### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , for the measures of article 36 to and and of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation . ### by way of derogation from article 94 of regulation no [ . . . ] [ rd ] , for the measures of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until 31 december 2014 . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation .


### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , for the measures of article 36 to and and of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation . ### by way of derogation from article 94 of regulation no [ . . . ] [ rd ] , member states may continue to undertake new legal commitments to beneficiaries in 2014 , in relation to the measures referred to in articles 20 , 36 , 52 and 63 of regulation no 1698 / 2005 , pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period , or until the end of 2014 . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation .


### – 75% in 2014 , – 80% in 2015 , – 100% from 2016 onwards . ### – 75% in 2013 , – 80% in 2014 , – 100% from 2015 onwards .


### economic reforms necessary to cope with competitive pressure and market forces within the union , while pursuing economic , social and environmental goals ; ### economic and fiscal reforms necessary to cope with competitive pressure and market forces within the union , while pursuing economic , social and environmental goals ;


### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph . ### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union or a company which has its head office in the union and the shares of which are admitted to trading in a trading venue in the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign or corporate debt of that issuer . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph .


### a trading venue that has shares admitted to trading shall establish procedures that ensure that natural or legal persons executing orders on the trading venue mark sell orders as short orders if the seller is entering into a short sale of the share . the trading venue shall publish at least daily a summary of the volume of orders marked as short orders . ### a trading venue that has shares admitted to trading or an investment firm which executes orders on behalf of clients in those instruments outside a trading venue shall establish procedures that ensure that natural or legal persons executing orders on the trading venue or through the investment firm are in a position to mark sell orders as short orders if the seller is entering into a short sale of the share .


### for the purposes of paragraph 1 , the fishing effort levels for each deep - sea métier that shall be used as a baseline for any adjustmens required in order to follow the principles set out in article 10 shall be the fishing effort levels assessed , based on scientific information , as consistent with the catches made by the relevant deep - sea métiers during the previous two calendar years . ### for the purposes of paragraph 1 , the fishing effort levels for each deep - sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in article 10 shall be the fishing effort levels assessed , based on scientific information , as consistent with rates of exploitation established in accordance with article 10 .


### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated gear , the species targeted and the ices zones or cecaf areas within which the allowed effort may be deployed ; and ### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated type and amount of gear , the species and specific stocks targeted , the depth , and the ices zones or cecaf areas within which the allowed effort may be deployed ; and


### management by fishing effort limits ### fishing effort limits and accompanying measures


### fishing authorisations referred to in article 4 for vessels using bottom trawls or bottom - set gillnets shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations targeting deep - sea species with those gears shall neither be issued nor renewed . ### fishing authorisations for vessels using bottom trawls or bottom - set gillnets bellow 200 meters shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations targeting deep - sea species with those gears shall neither be issued nor renewed .


### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that is consistent with maximum sustainable yield . ### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that ensures that populations of deep - sea species are maintained or restored above levels which can produce maximum sustainable yield .


### the fishing effort unit to be used for management . ### the fishing effort unit or combination of units to be used for management .


### scientific advice further indicates that fishing effort limits are an appropriate instrument for fixing fishing opportunities for deep - sea fisheries . in view of the large variety of gears and fishing patterns present in deep - sea fisheries , and the need to develop accompanying measures tackling the environmentally weak points of the fisheries indivdually , fishing effort limits should only replace catch limits when it can be ensured that they are adapted to specific fisheries . ### given the lack of accurate data in most deep sea fisheries and the mixed nature of most of them , fishing effort limits should only be used in combination with catch limits for fixing fishing opportunities for deep - sea fisheries . in view of the large variety of gears and fishing patterns present in deep - sea fisheries , and the need to develop accompanying measures tackling the environmentally weak points of the fisheries individually , fishing effort limits need to be adapted to specific fisheries .


### fishing opportunities by means of fishing effort limits only ### fishing effort limits


### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . ### vessels fishing deep - sea species in a targeted or accessory manner with bottom gear should not extend their range of operation according to their fishing authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . similarly , wherever their area of activity may be , when finding indices of the presence of vulnerable marine ecosystems , they should avoid these locations in the future , pending whether these indices reflect a proved presence of vulnerable marine ecosystems .


### bottom - set gillnets are currently restricted in entering deep - sea fisheries by council regulation no 1288 / 2009 establishing transitional technical measures from 1 january 2010 to 30 june 2011 . in view of the high rates of undesired catch when they were deployed unsustainably in deep waters , and in view of the ecological impact of lost and abandoned gear , this gear should also be permanently prohibited from the targeting of deep - sea species . ### bottom - set gillnets are currently restricted in entering deep - sea fisheries by council regulation no 1288 / 2009 establishing transitional technical measures from 1 january 2010 to 30 june 2011 . in view of the high rates of undesired catch when they were deployed unsustainably in deep waters , and in view of the ecological impact of lost and abandoned gear , this gear should also be permanently prohibited from the targeting of deep - sea species . neafc recommendation 3 / 2006 also prohibits bottom gillnetting below 200 meters in its regulatory area .


### measures to avoid an increase in by - catches of most vulnerable species ; and ### measures to prevent by - catches in deep sea fisheries , of most vulnerable species in particular ; and


### special fishing authorisations issued in accordance with regulation no 2347 / 2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep - sea species issued in accordance with this regulation , but shall in any case no longer be valid after 30 september 2012 . ### special fishing authorisations issued in accordance with regulation no 2347 / 2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep - sea species issued in accordance with this regulation , but shall in any case no longer be valid after 30 september 2014 .


### where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species , no fishing opportunities may be allocated for the fisheries concerned . ### where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species , the fishing opportunities for the relevant fishing management period may not be fixed higher than the rates provided within the ices approach for data limited stocks .


### if the member state concerned does not notify to the commission any measures adopted pursuant to article 12 within three months after the date of entry into force of the fishing effort limits . ### if the member state concerned does not notify to the commission any measures adopted pursuant to article 12 within three months after the date of entry into force of this regulation .


### to ensure the sustainable exploitation of deep - sea species while minimising the impact of deep - sea fishing activities on the marine environment ; ### to ensure the sustainable management and exploitation of deep - sea fisheries while minimising the impact of deep - sea fishing activities on the marine environment ;


### moreover , vessels which have to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the european fisheries fund provided that the new gear reduces the impact of fishing on non - commercial species and provided also that the national operational programme allows contributing to such measures . ### moreover , vessels which opt to change gear should be eligible for receiving financial assistance from the european fisheries fund provided that the new gear reduces the impact of fishing on non - commercial species and provided also that the national operational programme allows contributing to such measures .


### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated gear , the species targeted and the ices zones or cecaf areas within which the allowed effort may be deployed ; and ### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated type and amount of gear , the species targeted , the depth , and the ices zones or cecaf areas within which the allowed effort may be deployed ;


### the council , acting in accordance with the treaty , may decide to switch from the fixing of annual fishing opportunities for deep - sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries . ### the switching from the fixing of annual fishing opportunities for deep - sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries shall be decided in accordance with the treaty .


### fishing activities not targeting deep - sea species but catching deep - sea species as a by - catch , carried out by a union fishing vessel , shall be subject to a fishing authorisation , which shall indicate deep - sea species as by - catch . ### fishing activities carried out in union waters not targeting deep - sea species but catching deep - sea species as a by - catch , shall be subject to a fishing authorisation , which shall indicate deep - sea species as by - catch .


### in addition to the requirements set out in article 6 , each application for a fishing authorisation for targeted deep sea fisheries , as referred to in article 4 , that allows the use of bottom gears in union waters as referred to in article 2 , shall be accompanied by a detailed fishing plan specifying : ### in addition to the requirements set out in article 6 , each application for an authorisation for fishing deep - water stocks that allows for the use of bottom gears in union waters as defined in article 2 , or in waters under neafc jurisdiction as referred to in article 2 , shall :


### where , based on best scientific information available , it is not possible to identify exploitation rates consistent with maximum sustainable yield , the fishing opportunities shall be fixed as follows : ### where , based on best scientific information available , it is not possible to identify exploitation rates consistent with paragraph 1 , the fishing opportunities shall be fixed as follows :


### where annual fishing effort limits have replaced catch limits in accordance with article 11 , member states shall maintain or put in place , in respect of their flagged vessels the following accompanying measures : ### member states shall maintain or put in place , in respect of their flagged vessels the following accompanying measures :


### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . ### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the characteristics , type and dimensions of the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on best available scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . this assessment shall be conducted in accordance with annex iia and the 2008 fao international guidelines for the management of deep - sea fisheries in the high seas and shall be made publicly available .


### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . ### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . impact assessments carried out to that effect must conform to the requirements referred to in paragraph 47 of the 2008 fao guidelines for the management of deep sea fisheries .


### the locations , if any , of activities in the deep - sea métier during the last three full calendar years . those location shall be defined by coordinates in accordance with the world geodetic system of 1984 and they shall circumscribe the fishing activities as closely as possible . ### the locations , if any , of activities in the deep - sea métier during the period 2009 - 2011 . those location shall be defined by coordinates in accordance with the world geodetic system of 1984 and they shall circumscribe the fishing activities as closely as possible .


### the locations , if any , of activities in the deep - sea métier during the last three full calendar years . those location shall be defined by coordinates in accordance with the world geodetic system of 1984 and they shall circumscribe the fishing activities as closely as possible . ### limit the authorised fishing activities to existing fishing areas ;


### management by fishing effort limits ### fishing effort limits and accompanying measures


### in addition to the requirements set out in article 6 , each application for a fishing authorisation for targeted deep sea fisheries , as referred to in article 4 , that allows the use of bottom gears in union waters as referred to in article 2 , shall be accompanied by a detailed fishing plan specifying : ### in addition to the requirements set out in article 6 , each application for a fishing authorisation for targeted deep sea fisheries , as referred to in article 4 , that allows the use of bottom gears in union waters as referred to in article 2 , shall be accompanied by a publicly available detailed fishing plan specifying :


### fishing opportunities by means of fishing effort limits only ### fishing opportunities by means of catch limits and fishing effort limits


### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . ### without prejudice to article 7 , fishing activities that are to take place in waters defined in paragraph 1 but that are defined as new fishing areas in the meaning of article 3 paragraph 2b shall be subject to a fishing authorisation . applications for such authorisations shall include a detailed project for the exploratory fishing activity that follows the neafc guidelines outlined in annex iia . applications will be accepted if it can be shown that the activity described will have no harmful effects on vulnerable marine ecosystems .


### where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species , no fishing opportunities may be allocated for the fisheries concerned . ### where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species , the fishing opportunities for the relevant fishing management period may not be fixed higher than the rates provided within the ices approach for data limited stocks .


### for the purposes of paragraph 1 , the fishing effort levels for each deep - sea métier that shall be used as a baseline for any adjustmens required in order to follow the principles set out in article 10 shall be the fishing effort levels assessed , based on scientific information , as consistent with the catches made by the relevant deep - sea métiers during the previous two calendar years . ### for the purposes of paragraph 1 , the fishing effort levels for each deep - sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in article 10 shall be the fishing effort levels assessed , based on scientific information , as consistent with the rates of exploitation established in accordance with article 10 .


### conditions for effective discard prevention . those conditions shall aim at landing all fish taken on board , unless this would be contrary to the rules in force under the common fisheries policy . ### conditions for effective discard prevention . those conditions shall aim at avoiding the catch of unwanted species in the first place and require the landing of all fish taken on board .


### measures to avoid an increase of the overall catching capacity of the vessels concerned by the effort limits . ### measures to avoid an increase of the overall catching capacity of the vessels concerned by the effort limits established following article 11 .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 1 , point by [ date ] . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 1 , point by [ 12 months after the date of entry into force ] . they shall forthwith communicate to the commission the text of those provisions .


### the delegation of power referred to in articles 4 and 6 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . ### the delegation of power referred to in article 4 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### following the judgment of the court of justice of 6 september 2011 in case c - 442 / 09 , pollen in honey is to be considered as an ingredient within the meaning of directive 2000 / 13 / ec of the european parliament and of the council of 20 march 2000 on the approximation of the laws of the member states relating to the labelling , presentation and advertising of foodstuffs . the judgment of the court was based on the consideration relying on the facts brought before it that pollen in honey is mainly due to the centrifugation carried out by the beekeeper for the purposes of honey collection . however , pollen only enters into the hive as a result of the activity of the bees and it is naturally present in honey regardless of whether or not the beekeeper extracts the honey through centrifugation . it is necessary therefore to clarify , without prejudice to the application of regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed to genetically modified pollen in honey , that pollen is a constituent of honey , which is a natural substance that has no ingredients , and not an ingredient within the meaning of directive 2000 / 13 / ec . therefore , council directive 2001 / 110 / ec of 20 december 2001 relating to honey should be amended accordingly . ### following the judgment of the court of justice of 6 september 2011 in case c - 442 / 09 , pollen derived from genetically modified crops is to be considered as an ingredient of honey , or of food supplements containing pollen , within the meaning of regulation 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulations no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directives 2002 / 67 / ec and 2008 / 5 / ec and commission regulation no 608 / 2004 .


### the total amount of cfsp expenditure shall be entered into one budget chapter , entitled cfsp , with specific budgetary articles . those articles shall cover cfsp expenditure and shall contain specific budget lines identifying at least the single major missions . ### the total amount of cfsp expenditure shall be entered into one budget chapter , entitled cfsp , with specific budgetary articles . those articles shall cover cfsp expenditure and shall contain a specific budget line per mission .


### concerning provisions on proportionality , the notion of tolerable risk of error should be introduced as part of the risk assessment made by the authorising officer . the institutions should be able to move away from the general 2% materiality threshold used by the court of auditors to conclude on the legality and regularity of the underlying transactions . tolerable risk levels constitute more appropriate basis for the discharge authority to judge the quality of the management of risk by the commission . the european parliament and the council should therefore determine the level of tolerable risk of error per policy area , taking into account the costs and benefits of controls . ### concerning provisions on proportionality , the notion of risk of error should be introduced as part of the risk assessment made by the authorising officer . the institutions should be able to move away from the general 2% materiality threshold used by the court of auditors to conclude on the legality and regularity of the underlying transactions .


### in such cases , costs eligible for financing may not have been incurred prior to the date of submission of the grant application , save in duly substantiated exceptional cases as provided for in the basic act or in case of extreme urgency for crisis management aid , civil protection operations and humanitarian aid operations . ### in such cases , costs eligible for financing may not have been incurred prior to the date of submission of the grant application , save in duly substantiated exceptional cases as provided for in the basic act or in case of extreme urgency for crisis management aid , civil protection operations , humanitarian aid operations , or in third countries undergoing a process of democratic transition , or in situations threatening to escalate into armed conflict .


### in respect of any measure which may give rise to expenditure chargeable to the budget , the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of article 178 . ### notwithstanding article 82 , in respect of any measure which may give rise to expenditure chargeable to the budget , the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of article 178 . however , in case of humanitarian aid operations , civil protection operations and crisis management aid , provided that it is indispensable for the efficient delivery of the union ' s intervention to enter into a legal commitment with third parties immediately without being possible to make a prior booking of the individual budgetary commitment , the latter may be booked without delay after entering into a legal obligation with third parties .


### in respect of any measure which may give rise to expenditure chargeable to the budget , the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of article 178 . ### notwithstanding article 82 , in respect of any measure which may give rise to expenditure chargeable to the budget , the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of article 178 . however , in the case of humanitarian aid , civil protection and crisis management operations , and when an urgent situation outside the union so demands , the registration of the amounts may be done immediately after the signature of the corresponding individual legal commitment .


### the commission shall make available , in an appropriate manner , information on the recipients of funds deriving from the budget held by it when the budget is implemented on a centralised basis and directly by its departments or by union delegations in accordance with the second paragraph of article 53 , and information on the recipients of funds as provided by the entities to which budget implementation tasks are delegated under other modes of management . ### the commission shall make available , in an appropriate manner , information on the recipients of funds and the precise nature and purpose of the measures financed by the budget held by it when the budget is implemented on a centralised basis and directly by its departments or by union delegations in accordance with the second paragraph of article 53 , and information on the recipients of funds as provided by the entities to which budget implementation tasks are delegated under other modes of management . in particular , the commission and the eeas shall make available and update on their websites information concerning the way in which the union funds have been used under heading 4 , the results achieved by them , the recipients of the funds and the precise nature and purpose of the measures financed by the budget .


### the amount of each individual legal commitment adopted following a global commitment shall , prior to signature , be registered by the authorising officer responsible in the budgetary accounts and booked to the global commitment . in case of humanitarian aid operations , civil protection operations and crisis management aid , and when the urgency justifies it , the registration of the amounts may be done immediately after the signature of the corresponding individual legal commitment . ### the amount of each individual legal commitment adopted following a global commitment shall , prior to signature , be registered by the authorising officer responsible in the budgetary accounts and booked to the global commitment .


### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe’s different sea basins , the definition of the boundaries of sustainability of human activities in the framework of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness . ### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe’s different sea basins , coastal regions and islands , the definition of the boundaries of sustainability of human activities in the framework of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of partners such as public authorities , economic and social partners and civil society actors in integrated multi - level maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness .