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


### every member of a 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 freely by the member to the proxy holder no more than three months before its use .


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


### those procedures shall include an annual individual statement by each of those persons and directors , to the body entrusted with the supervisory function , containing the following information : ### those procedures shall include an individual statement by each of those persons and directors , to the body entrusted with the supervisory function , to the members , and publicly accessible through the website of the collective management organisation . the statement shall be made before each of those persons take up their duties , and shall thereafter be renewed annually . the statement shall contain the following information :


### collecting societies shall be diligent in the collection and the management of rights revenue . ### collective management organisations shall be diligent , accurate and transparent in the collection and the management of rights revenue . except in member states with systems of extended collective licensing , a collective management organization shall ensure that it only collects rights revenue on behalf of rightholders whose rights it is authorised to represent .


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


### in addition , a collecting society shall make available at the request of any rightholder or any collecting society , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders . ### in addition , a collective management organisation shall make publicly available any information on works for which one or more rightholders have not been identified in accordance with the provisions laid down in directive 2012 / 28 / eu on certain permitted uses of orphan works , including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders .


### the collecting society may take reasonable measures to protect the accuracy and integrity of the data , to control its re - use and to protect personal data and commercially sensitive information . ### the collecting society may take reasonable measures to protect the accuracy and integrity of the data and to protect personal data and , when necessary , commercially sensitive information .


### this regulation lays down rules for the prevention and control of animal diseases , which are transmissible to animals or to humans . ### this regulation lays down rules for the prevention and control of animal diseases , which are transmissible to animals or to humans and thereby promoting animal health


### ‘ kept animals’ means animals which are kept by humans ; in the case of aquatic animals , aquaculture animals ; ### ‘ kept animals’ means living animals which are kept by humans ;


### ‘ disease’ means the occurrence of infections and infestations in animals , with or without clinical or pathological manifestations , caused by one or more disease agents transmissible to animals or to humans ; ### ‘ disease’ means the occurrence of infections and infestations in animals , with or without clinical or pathological manifestations , caused by one or more disease agents transmissible to animals or to humans ; for the purposes of this regulation , microrganisms that have developed resistance to antimicrobials should also be considered a ' disease ' ;


### approval of disease control aquatic food establishments ### approval of processing establishments and disease control aquatic food establishments


### operators of disease control aquatic food establishments shall ensure that their establishments are approved by the competent authority to slaughter aquatic animals for disease control purposes in accordance with article 61 , article 62 and articles 68 , 78 and and the rules adopted pursuant to article 63 and articles 70 , 71 and 78 . ### operators of processing establishments and disease control aquatic food establishments shall ensure that their establishments are approved by the competent authority to slaughter aquatic animals for disease control purposes in accordance with article 61 , article 62 and articles 68 , 78 and and the rules adopted pursuant to article 63 and articles 70 , 71 and 78 .


### register of the competent authority of aquaculture establishments and disease control aquatic food establishments ### register of the competent authority of aquaculture establishments , processing establishments and disease control aquatic food establishments


### register of aquaculture establishments and disease control aquatic food establishments ### register of aquaculture establishments , processing establishments and disease control aquatic food establishments


### all disease control aquatic food establishments approved in accordance with article 179 . ### all processing establishments and disease control aquatic food establishments approved in accordance with article 179 .


### record keeping obligation for disease control aquatic food establishments ### record keeping obligation for processing establishments and disease control aquatic food establishments


### operators of disease control aquatic food establishments subject to approval in accordance with article 177 shall keep up - to - date records of all movement of aquaculture animals and products of animal origin obtained from such animals into and out of such establishments . ### operators of processing establishments and disease control aquatic food establishments subject to approval in accordance with article 177 shall keep up - to - date records of all movement of aquaculture animals and products of animal origin obtained from such animals into and out of such establishments .


### operators of disease control aquatic food establishments shall : ### operators of processing establishments and disease control aquatic food establishments shall :


### operators of establishments and food business establishments receiving aquaculture animals shall : ### operators of establishments and food business establishments receiving aquatic animals shall :


### the aquaculture animals received ; ### the aquatic animals received ;


### movement of aquaculture animals intended for member states , zones or compartments which have been declared disease free or which are subject to an eradication programme and delegated acts ### movement of kept aquatic animals intended for member states , zones or compartments which have been declared disease free or which are subject to an eradication programme and delegated acts


### movement of aquaculture animals intended for member states , zones or compartments which have been declared disease - free or which are subject to an eradication programme and delegated acts ### movement of kept aquatic animals intended for human consumption in member states , zones or compartments which have been declared disease - free or which are subject to an eradication programme and delegated acts


### operators shall only move aquaculture animals from an aquaculture establishment for the purposes referred to in point or of this article , if those aquaculture animals originate from a member state , or zone or compartment thereof , which has been declared disease - free in accordance with article 36 or 37 for listed diseases referred to in article 8 or when they are of listed species for those listed diseases and the aquaculture animals are : ### operators shall only move kept aquatic animals from an establishment for the purposes referred to in point and of this article , if those animals originate from a member state , or zone or compartment thereof , which has been declared disease - free in accordance with article 36 or 37 for listed diseases referred to in article 8 or when they are of listed species for those listed diseases and the kept aquatic animals are :


### operators shall only move aquaculture animals from an aquaculture establishment for the purposes referred to in point or of this paragraph , if those aquaculture animals originate from a member state , or zone or compartment thereof , which has been declared disease - free in accordance with article 36 or 37 for listed diseases referred to in article 8 or when they are of listed species for those listed diseases and they are : ### operators shall only move kept aquatic animals intended for human consumption from an establishment for the purposes referred to in point or of this paragraph , if those animals originate from a member state , or zone or compartment thereof , which has been declared disease - free in accordance with article 36 or 37 for listed diseases referred to in article 8 or when they are of listed species for those listed diseases and they are :


### the species , categories , and life stage of the aquaculture animals ; ### the species , categories , and life stage of the kept aquatic animals ;


### the species , categories , and live stage of the aquaculture animals ; ### the species , categories , and live stage of the kept aquatic animals ;


### the intended use of the aquaculture animals ; ### the intended use of the kept aquatic animals ;


### the place of destination of the aquaculture animals ; ### the place of destination of the kept aquatic animals ;


### member states may require that aquaculture animals shall only be released into the wild if they originate from a member state , or zone or compartment declared disease - free in accordance with article 36 or article 37 as regards the listed diseases referred to in article 8 and for which the species of aquaculture animals to be moved is a listed species , regardless of the health status of the area where the aquaculture animals are to be released . ### member states may require that aquatic animals shall only be released into the wild if they originate from a member state , or zone or compartment declared disease - free in accordance with article 36 or article 37 as regards the listed diseases referred to in article 8 and for which the species of aquatic animals to be moved is a listed species , regardless of the health status of the area where the aquatic animals are to be released .


### articles 196 and 197 shall also apply to movements of wild aquatic animals intended for an aquaculture establishment or disease control aquatic food establishment subject to : ### articles 196 and 197 shall also apply to movements of wild aquatic animals intended for an aquaculture establishment , processing establishment or disease control aquatic food establishment subject to :


### by way of derogation from paragraph 1 of this article member states may authorise operators to introduce aquaculture animals into a zone or compartment for which an eradication programme has been established in accordance with article 30 or as regards the listed diseases referred to in article 8 and , from another zone or compartment for which such a programme has also been established as regards the same diseases within that member state , provided that such movement will not jeopardise the health status of the member state , or zone or compartment thereof . ### by way of derogation from paragraph 1 of this article member states may authorise operators to introduce kept aquatic animals into a zone or compartment for which an eradication programme has been established in accordance with article 30 or as regards the listed diseases referred to in article 8 and , from another zone or compartment for which such a programme has also been established as regards the same diseases within that member state , provided that such movement will not jeopardise the health status of the member state , or zone or compartment thereof .


### the commission shall be empowered to adopt delegated acts in accordance with article 253 concerning the derogations from movement requirements provided for in paragraph 2 of this article for those movements of aquaculture animals which do not pose significant risk of spreading of diseases due to : ### the commission shall be empowered to adopt delegated acts in accordance with article 253 concerning the derogations from movement requirements provided for in paragraph 2 of this article for those movements of kept aquatic animals which do not pose significant risk of spreading of diseases due to :


### the methods of keeping the aquaculture animals and type of production in the aquaculture establishments of origin and of destination ; ### the methods of keeping the aquatic animals and type of production in the establishments of origin and of destination ;


### any specific conditions under which the aquaculture animals are kept ; ### any specific conditions under which the aquatic animals are kept ;


### specific movement patterns of the type of aquaculture establishment and concerned species or category of aquaculture animals ; ### specific movement patterns of the type of establishment and concerned species or category of aquatic animals ;


### self - declaration by operators for movements of aquaculture to other member states and delegated acts ### self - declaration by operators for movements of aquatic animals to other member states and delegated acts


### operators at the place of origin , shall issue a self - declaration document for movements of aquaculture animals from their place of origin in one member state to the place of destination in another member state and ensure that it accompanies such aquaculture animals , where they are not required to be accompanied by an animal health certificate provided for in articles 208 and 209 or rules adopted pursuant to that articles 211 and article 214 . ### operators at the place of origin , shall issue a self - declaration document for movements of aquatic animals from their place of origin in one member state to the place of destination in another member state and ensure that it accompanies such aquatic animals , where they are not required to be accompanied by an animal health certificate provided for in articles 208 and 209 or rules adopted pursuant to that articles 211 and article 214 .


### the self - declaration document provided for in paragraph 1 shall contain at least the following information concerning the aquaculture animals : ### the self - declaration document provided for in paragraph 1 shall contain at least the following information concerning the aquatic animals :


### a description of the aquaculture animals , the species , their quantity , weight or volume as relevant for the animals concerned ; ### a description of the aquatic animals , the species , their quantity , weight or volume as relevant for the animals concerned ;


### the information needed to demonstrate that the aquaculture animals comply with the movement requirements provided for in sections 1 to 5 . ### the information needed to demonstrate that the aquatic animals comply with the movement requirements provided for in sections 1 to 5 .


### detailed rules on the content of the self - declaration document provided for in paragraph 2 of this article for different species and categories of aquaculture animals ; ### detailed rules on the content of the self - declaration document provided for in paragraph 2 of this article for different species and categories of aquatic animals ;


### in the event of a conflict of interests , the contracting authority shall take appropriate measures . those measures may include the recusal of the staff member in question from involvement in the affected procurement procedure or the re - assignment of the staff member ' s duties and responsibilities . where a conflict of interests cannot be effectively remedied by other means , the candidate or tenderer concerned shall be excluded from the procedure . ### in the event of a conflict of interests , the contracting authority shall take appropriate measures .


### candidates shall be required at the beginning of the procedure to provide a declaration on honour that they have not undertaken and will not undertake to : ### member states shall provide for the necessary rules to effectively prevent , identify and punish illicit conduct and distortion of competition arising during the procurement procedure , in particular in the drawing up of the procurement documents , the selection of candidates and the award of the contract .


### they may also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases : ### they may also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue , provided that they ensure the equal treatment of all tenderers , in any of the following cases :


### for all procurement the subject of which is intended for use by persons , whether general public or staff of the contracting authority , those technical specifications shall , except in duly justified cases , be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users . ### for all procurement the subject of which is intended for use by persons , whether general public or staff of the contracting authority , those technical specifications shall , except in duly justified cases that shall be stated in the call for competition , be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users .


### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . ### contracting authorities may not award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations by union or national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , or by the international social and environmental law provisions listed in annex xi .


### where it is aware of any violation of obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner . ### where it is aware of any violation of obligations established by union or national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , or by the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner .


### any candidate or tenderer that is in one of the situations referred to in paragraphs 1 , 2 and 3 may provide the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion . ### any candidate or tenderer that is in one of the situations referred to in paragraphs 1 , 2 and 3 may provide the contracting authority with evidence demonstrating its reliability , or , as appropriate , the reliability of its sub - contractor , despite the existence of the relevant ground for exclusion .


### proof of the economic operator ' s economic and financial standing may , as a general rule , be provided by one or more of the references listed in annex xiv , part 1 . ### proof of the economic operator ' s economic and financial standing , as well as compliance with obligations established by union or national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , may , as a general rule , be provided by one or more of the references listed in annex xiv .


### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , the criteria on which contracting authorities shall base the award of public contracts shall be one of the following : ### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , the criterion on which contracting authorities shall base the award of public contracts shall be the most economically advantageous and sustainable tender .


### abnormally low tenders ### price of the tender


### contracting authorities shall require economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### contracting authorities shall require economic operators to explain in a detailed manner the price or costs charged for their tender .


### where tenders appear to be abnormally low for other reasons , contracting authorities may also request such explanations . ### where tenders appear to be abnormally low , contracting authorities shall request additional explanations before rejecting a tender .


### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi . ### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union and national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , or by the international social and environmental law provisions listed in annex xi .


### in the procurement documents , the contracting authority may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the contracting authority may ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . any change in the subcontracting chain and any new subcontractor shall be indicated without delay to the contracting authority .


### member states may provide that at the request of the subcontractor and where the nature of the contract so allows , the contracting authority shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents . ### member states may provide that at the request of the subcontractor and where the nature of the contract so allows , the contracting authority may transfer , in duly justified cases , due payments directly to the subcontractor for services , supplies or works provided to the main contractor . the arrangements concerning that mode of payment shall be set out in the procurement documents .


### the delegation of power referred to in articles 6 , 13 , 19 , 20 , 23 , 54 , 59 , 67 and 86 shall be conferred on the commission for an indeterminate period of time from the [ date of entry into force of the present directive ] . ### the delegation of power referred to in articles 6 , 13 , 19 , 20 , 23 , 54 , 59 , 67 and 86 shall be conferred on the commission for a period of five years from the [ date of entry into force of the present directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### for the purposes of this regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [ regulation no xxxx ] , sector - specific union harmonisation legislation and other union legislation on products that are subject to this regulation . it should include , where available , data on risks that have materialised previously with respect to the product in question . account should also be taken of any measures that may have been taken by the economic operators concerned to alleviate the risks . the particular potential vulnerability of consumers , as opposed to professional users , should be taken into account as should the increased vulnerability of certain categories of consumer such as children , the elderly or the disabled . ### for the purposes of this regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [ regulation no xxxx ] , sector - specific union harmonisation legislation and other union legislation on products that are subject to this regulation . it should include , where available , data on risks that have materialised previously with respect to the product in question . account should also be taken of any measures that may have been taken by the economic operators concerned to alleviate the risks . the particular potential vulnerability of consumers , as opposed to professional users , should be taken into account as should the increased vulnerability of certain categories of consumer such as children , the elderly or the disabled . market surveillance authorities shall continue to apply the precautionary principle in cases where scientific evidence does not give certainty of the safety of a product .


### the implementation of market surveillance activities and external border controls shall be monitored by the member states which shall report on these activities and controls to the commission every year . the information reported shall include statistics regarding the number of controls carried out and shall be communicated to all member states . member states may make a summary of the results accessible to the public . ### the implementation of market surveillance activities and external border controls shall be monitored by the member states which shall report on these activities and controls to the commission every year . the information reported shall include statistics regarding the number of controls carried out , explanations of how checks and risk evaluations have been carried out and available resources . this information shall be communicated by all member states . member states may make a summary of the results accessible to the public .


### market surveillance authorities shall be given the powers and entrusted with the resources and means necessary for the proper performance of their tasks . ### market surveillance authorities shall be given the powers and entrusted with the resources and means necessary for the proper performance of their tasks . member states will inform the commission annually about the resources allocated to market surveillance authorities . on this basis the commission will evaluate the appropriateness of resource endowment and will send recommendations to the member states in case of insufficient resources .


### where appropriate , market surveillance authorities shall alert users in their territories within an adequate timeframe of products that those authorities have identified as presenting a risk . ### in case of known or emerging risk pursuant to article 6 , market surveillance authorities shall alert users in their territories within an adequate timeframe of products that those authorities have identified as presenting a risk .


### risk assessment shall be based on available scientific or technical evidence . ### risk assessment shall be based on available scientific or technical evidence and , when there is a suspected risk of causing harm to public health in spite of lack of scientific consensus , the precautionary principle shall be invoked .


### metros , trams and other light rail systems are subject in many member states to local or regional safety rules and are often supervised by local or regional authorities and not covered by the requirements for interoperability or licensing within the union . trams are furthermore often subject to road safety legislation and could therefore not be fully covered by railway safety rules . for these reasons such local rail systems should be excluded from the scope of this directive . this does not prevent member states from applying the provisions of this directive to local rail systems on a voluntary basis if they deem this appropriate . ### metros , trams , tram - trains and other light rail systems are subject in many member states to local or regional safety rules and are often supervised by local or regional authorities and not covered by the requirements for interoperability or licensing within the union . trams are furthermore often subject to road safety legislation and could therefore not be fully covered by railway safety rules . for these reasons such local rail systems should be excluded from the scope of this directive . this does not prevent member states from applying the provisions of this directive to local rail systems on a voluntary basis if they deem this appropriate .


### the responsibility of infrastructure managers and railway undertakings for operating the rail system does not preclude other actors such as manufacturers , carriers , consignors , fillers , loaders entities in charge of maintenance , maintenance suppliers , wagon keepers , service providers and procurement entities from assuming responsibility for their products or services . to avoid the risk that the responsibilities are not properly assumed , each relevant actor should be made responsible for its particular process . each actor in the rail system should be responsible in respect to the other actors for complete and truthful communication of all relevant information to check if the vehicles are fit to run . in particular that concerns information on the status and history of the vehicle , maintenance files , traceability of loading operations , and consignment notes . ### the responsibility of infrastructure managers and railway undertakings for operating the rail system does not preclude other actors such as manufacturers , carriers , consignors , fillers , loaders entities in charge of maintenance , maintenance suppliers , wagon keepers , service providers and procurement entities from assuming responsibility for their products or services . to avoid the risk that the responsibilities are not properly assumed , each relevant actor should be made responsible for its particular process . each actor in the rail system should be responsible in respect to the other actors , including relevant authorities , for complete and truthful communication of all relevant information needed to ensure the safe operation of a vehicle , in particular information on the status and history of the vehicle , maintenance files , traceability of loading operations , and consignment notes .


### national rules , which are often based on national technical standards , have been gradually replaced by rules based on common standards , established by csts , csms and technical specifications for interoperability . in order to eliminate the obstacles to interoperability , the amount of national rules should be reduced as a consequence of extending the scope of the tsis to the whole union ' s rail system and of closing open points in the tsis . for this purpose the member states should keep their system of national rules updated , delete obsolete rules and thereof inform the commission and the the agency . ### national rules , which are often based on national technical standards , are gradually being replaced by rules based on common standards , established by csts , csms and technical specifications for interoperability . in order to eliminate the obstacles to interoperability , the amount of national rules should be reduced as a consequence of extending the scope of the tsis to the whole union ' s rail system and of closing open points in the tsis . for this purpose the member states should keep their system of national rules updated , delete obsolete rules and thereof inform the commission and the the agency .


### harmonised methods based on directive 2004 / 49 / ec have been established to be applied to the railway undertakings and the national safety authorities on monitoring , conformity assessment , supervision and on risk evaluation and assessment . this regulatory framework is sufficiently mature to move progressively towards a ‘ single safety certificate’ , valid throughout the union . the move to a single safety certificate should make the rail system more effective and efficient by reducing admistrative burdens for the railway undertakings . ### minimum harmonised methods based on directive 2004 / 49 / ec have been established to be applied to the railway undertakings and the national safety authorities on monitoring , conformity assessment , supervision and on risk evaluation and assessment . this regulatory framework is sufficiently mature to move progressively towards a ‘ single safety certificate’ , valid throughout the union . the move to a single safety certificate should make the rail system more effective and efficient by reducing admistrative burdens for the railway undertakings , thereby making railway transport more competitive in intermodal competition .


### the national safety authorities should be fully independent in their organisation , legal structure and decision making from any railway undertaking , infrastructure manager , applicant and procurement entity . they should carry out their tasks in an open and non - discriminatory way and cooperate with the agency to create a single rail area and coordinate their decision - making criteria . to increase efficiency , two or more member states may decide to merge the staff and resources of the respective national safety authorities . ### the national safety authorities should be fully independent in their organisation , legal structure and decision making from any railway undertaking , infrastructure manager , applicant and procurement entity . they should be adequately financed and staffed and carry out their tasks in an open and non - discriminatory way and cooperate with the agency to and coordinate their decision - making criteria . to increase efficiency , two or more member states may decide to merge the staff and resources of the respective national safety authorities .


### serious accidents on the railways are rare . however , they can have disastrous consequences and raise concern among the public about the safety performance of the rail system . all such accidents should , therefore , be investigated from a safety perspective to avoid recurrence and the results of the investigations should be made public . other accidents and incidents should also be subject to safety investigations when they could be significant precursors to serious accidents . ### serious accidents on the railways are rare . however , they can have disastrous consequences and raise concern among the public about the safety performance of the rail system . all such accidents should , therefore , be investigated from a safety perspective to avoid recurrence and the results of the investigations should be made public and included in regular reports . other accidents and incidents should also be subject to safety investigations when they could be significant precursors to serious accidents .


### in order to improve the efficiency of activities of an investigation body and to help it in discharging its duties , the investigation body should have timely access to the site of an accident , where necessary in good cooperation with the judicial authority . the reports on investigations and any findings and recommendations provide crucial information for the further improvement of railway safety and should be made publicly available at union level . safety recommendations should be acted upon by the addressees and actions reported back to the investigating body . ### in order to improve the efficiency of activities of an investigation body and to help it in discharging its duties , the investigation body , as well as the agency if it so requests , should have timely access to the site of an accident , where necessary in good cooperation with the judicial authority . the reports on investigations and any findings and recommendations provide crucial information for the further improvement of railway safety and should be made publicly available at union level . safety recommendations should be acted upon by the addressees and actions reported back to the investigating body .


### this directive lays down provisions to ensure the development and improvement of safety of the union ' s railways and improved access to the market for rail transport services by : ### this directive lays down minimum provisions , beyond which member states may only legislate in accordance with article 8 , to ensure the development and further improvement of safety of the union ' s railways and improved access to the market for rail transport services by :


### ‘ infrastructure manager’ means infrastructure manager as defined in article 2 of directive 2001 / 14 / ec1 ; __________________ 1 oj l 75 , 15 . 3 . 2001 , p . 29 ### ‘ infrastructure manager’ means infrastructure manager as defined in article 3 of directive 2012 / 34 / eu of the european parliament and of the council of 21 november 2012 establishing a single european railway area1 ; __________________ 1 oj l 343 , 14 . 12 . 2012 , p . 32 .


### ‘ accident’ means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences ; accidents are divided into the following categories : collisions , derailments , level - crossing accidents , accidents to persons caused by rolling stock in motion , fires and others ; ### ‘ accident’ means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences ; accidents are divided into the following categories : collisions , derailments , level - crossing accidents , accidents to persons , including those not falling within the definition of passengers , caused by rolling stock in motion , fires and others ;


### each manufacturer , maintenance supplier , 1 keeper , service provider and procurement entity shall ensure that rolling stock , installations , accessories and equipment and services supplied by them comply with the specified requirements and conditions for use , so that they can be safely put into operation by the railway undertaking and / or infrastructure manager . ### each manufacturer , maintenance supplier , keeper , service provider and procurement entity shall ensure that rolling stock , facilities , installations , accessories and equipment and services supplied by them comply with the specified requirements and conditions for use , so that they can be safely put into operation by the railway undertaking and / or infrastructure manager .


### any actor of the rail system who identifies a safety risk related to defects and construction non - conformities or malfunctions of technical equipment , including those of structural sub - systems , shall report those risks to the other parties involved to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system . ### any actor of the rail system who identifies a safety risk related to defects and construction non - conformities or malfunctions of technical and digital equipment , including those of structural sub - systems , shall immediately report those risks to the other parties involved , to the agency and to the national safety authorities concerned , to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system .


### in case of exchange of vehicles between railways undertakings , all actors shall exchange all information relevant to safe operation . such information shall include information on the status and history of the vehicle , elements of the maintenance files , traceability of loading operations , and consignment notes . it shall be sufficiently detailed to allow an assessment of the risks of operating the vehicle by the railway undertaking . ### in the case of exchange of vehicles between railway undertakings , all actors shall exchange all information relevant to safe operation , using inter alia the relevant registers as specified in directive . . . [ interoperability directive ] . such information include information on the status and history of the vehicle , elements of the maintenance files , traceability of loading operations , and consignment notes . it shall be sufficiently detailed to allow an assessment of the risks of operating the vehicle by the railway undertaking .


### member states shall ensure that national rules are made available free of charge and in a language that can be understood by all parties concerned . ### member states shall ensure that national rules are made available free of charge and at least in english and in the main official language of the area concerned .


### the safety management system shall meet the requirements , adapted to the character , extent and other conditions of the activity pursued . it shall ensure the control of all risks associated with the activity of the infrastructure manager or railway undertaking , including the supply of maintenance and material and the use of contractors . without prejudice to existing national and international liability rules , the safety management system shall also take into account , where appropriate and reasonable , the risks arising as a result of activities by other parties . ### the safety management system shall meet the requirements , adapted to the character , extent and other conditions of the activity pursued . it shall ensure the control of all risks associated with the activity of the infrastructure manager or railway undertaking , including proper qualification and training of staff as well as the supply of maintenance and material and the use of contractors . without prejudice to existing national and international liability rules , the safety management system shall also take into account , where appropriate and reasonable , the risks arising as a result of activities by other parties .


### the commission shall establish , by means of implementing acts , elements of the safety management system . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ### the commission shall establish , by means of delegated acts , elements of the safety management system , including an internally approved and communicated safety policy ; qualitative and quantitative safety targets and procedures to reach those targets ; procedures to meet technical and operational standards ; risk evaluation procedures and implementing risk control measures ; staff training and information measures ; procedures ensuring communication and documentation of safety related information ; procedure for reporting , reporting and analysing of incidents and accidents and other safety occurrences and for developing preventive measures ; provision of emergency plans which are agreed with public authorities ; provisions for the internal auditing of the safety management system . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 26 .


### the safety management system of any infrastructure manager shall take into account the effects of operations by different railway undertakings on the network and make provisions to allow all railway undertakings to operate in accordance with tsis and national rules and with the conditions laid down in their safety certificate . the safety management systems shall be developed with the aim of coordinating the emergency procedures of the infrastructure manager with all railway undertakings that operate on its infrastructure . ### the safety management system of any infrastructure manager shall take into account the effects of operations by different railway undertakings on the network and make provisions to allow all railway undertakings to operate in accordance with tsis and national rules and with the conditions laid down in their safety certificate . the safety management systems shall be developed with the aim of coordinating the emergency procedures of the infrastructure manager with all competent emergency services and all railway undertakings that operate on its infrastructure . for cross - border infrastructure , and in particular for cross - border tunnels , specific safety management systems shall be developed and improved in order to ensure the necessary coordination and preparedness of the competent emergency services on both sides of the border .


### the holder of the single safety certificate shall inform the agency without delay of any major changes in the conditions of the single safety certificate . it shall furthermore notify the agency whenever new categories of staff or new types of rolling stock are introduced . ### the holder of the single safety certificate shall inform the agency without delay of any major changes in the conditions of the single safety certificate . it shall furthermore notify the agency whenever new categories of safety - critical staff or new types of rolling stock are introduced . the time limits laid down in paragraph 4 shall equally apply in this case .


### in order to be allowed to manage and operate a rail infrastructure , the infrastructure manager shall obtain a safety authorisation from the national safety authority in the member state where it is established . ### in order to be allowed to manage and operate a rail infrastructure , the infrastructure manager shall obtain a safety authorisation from the agency .


### the safety authorisation shall be renewed upon application by the infrastructure manager at intervals of five years . it shall be wholly or partly updated whenever substantial changes are made to the infrastructure , signalling or energy supply or to the principles of its operation and maintenance . the holder of the safety authorisation shall without delay inform the national safety authority of all such changes . ### the safety authorisation shall be renewed upon application by the infrastructure manager at intervals of five years . it shall be wholly or partly updated whenever substantial changes are made to the infrastructure , signalling or energy supply or to the principles of its operation and maintenance . the holder of the safety authorisation shall without delay inform the agency and the national safety authority of all such changes .


### the national safety authority may require that the safety authorisation be revised following substantial changes to the safety regulatory framework . ### the agency may require that the safety authorisation be revised following substantial changes to the safety regulatory framework .


### if the national safety authority finds that an authorised infrastructure manager no longer satisfies the conditions for a safety authorisation it shall revoke the authorisation , giving reasons for its decisions . ### if the agency or a national safety authority finds that an authorised infrastructure manager no longer satisfies the conditions for a safety authorisation the agency shall revoke the authorisation , giving reasons for its decisions .


### the national safety authority shall take a decision on an application for safety authorisation without delay and in any event not more than four months after all the information required and any supplementary information requested has been submitted . ### the agency shall take a decision on an application for safety authorisation without delay and in any event not more than three months after receipt of the application . negative decisions shall be duly justified . if the agency has doubts concerning the fulfilment of one or more conditions , it shall request further information from the railway undertaking within one month after receipt of the application for a safety authorisation . information requested shall be supplied within a reasonable period set by the national safety authority .


### the national safety authority shall inform the agency within one month of the safety authorisations that have been issued , renewed , amended or revoked . it shall state the name and address of the infrastructure manager , the issue date , the scope and validity of the safety authorisation and , in case of revocation , the reasons for its decision . ### the agency shall inform the national safety authorities within one month of the safety authorisations that have been issued , renewed , amended or revoked . it shall state the name and address of the infrastructure manager , the issue date , the scope and validity of the safety authorisation and , in case of revocation , the reasons for its decision .


### railway undertakings and infrastructure managers shall be responsible for the level of training and qualifications of its staff carrying out safety - related work . ### railway undertakings and infrastructure managers shall be responsible for the level of training and qualifications of its staff carrying out safety - related work , including on - board staff .


### the certificates granted in accordance with paragraph 4 shall be valid throughout the union . ### the certificates granted in accordance with paragraph 4 shall be valid and automatically recognised throughout the union .


### the commission shall , by means of implementing acts , adopt common conditions for certification of the entity in charge of maintenance for all vehicles by 24 december 2016 . ### on the basis of the agency ' s recommendation , the commission shall , by means of delegated acts in accordance with article 26 , adopt common conditions for certification of the entity in charge of maintenance for all vehicles by 24 december 2016 .


### each member state shall establish a safety authority . this authority shall be independent in its organisation , legal structure and decision making from any railway undertaking , infrastructure manager , applicant and procurement entity . ### each member state shall establish a safety authority . several member states may also decide to jointly establish a safety authority competent for their territories . this authority shall be independent in its organisation , legal structure and decision making from any railway undertaking , infrastructure manager , applicant and procurement entity .


### they shall promptly respond to requests and applications and communicate their requests for information without delay and adopt all their decisions within four months after all requested information has been provided . they may at any time request the technical assistance of infrastructure managers and railway undertakings or other qualified bodies when they are carrying out the tasks referred to in article 16 . ### they shall promptly respond to requests and applications transmitted to them by the agency and communicate their requests for information without delay and in any event not more than three months after receipt of the request or application . negative decisions shall be duly justified . the agency or national safety authority may request more information from the railway undertaking within one month after the receipt of the request or application . information requested shall be supplied within a reasonable period set by the agency or national safety authority that shall not exceed one month unless , in exceptional circumstances , the national safety authority or agency agrees to , and authorises , a time - limited extension , which shall not exceed two additional weeks . they may at any time request the technical assistance of infrastructure managers and railway undertakings or other qualified bodies when they are carrying out the tasks referred to in article 16 .


### the scope of cooperation between the agency and the national safety authorities in all matters relating to inspections on site related to issuing the single safety certificate and supervision of the railway undertakings after issuing the single safety certificate shall be set out in contractual or other arrangements between the agency and the national safety authorities . ### the scope of cooperation between the agency and the national safety authorities in all matters relating to inspections on site related to issuing the single safety certificate and supervision of the railway undertakings after issuing the single safety certificate shall be set out in contractual or other arrangements between the agency and the national safety authorities no later than one year after the entry into force of this directive .


### in accordance with the legislation in force , member states shall ensure full cooperation by the authorities responsible for the judicial inquiry , and shall ensure that the investigators are , as soon as possible , given : ### in accordance with the legislation in force , member states shall ensure full cooperation by the authorities responsible for the judicial inquiry , and shall ensure that the investigators , as well as the agency if it so requests , are given , as soon as possible :


### the agency shall support the investigating bodies in this task . ### the agency shall support the investigating bodies in this task . in addition , investigating bodies shall support the agency in its work of monitoring the development of railway safety on a union level .


### investigation bodies from another member state shall be invited to participate in an investigation whenever a railway undertaking established and licensed in that member state is involved in the accident or incident . ### investigation bodies from another member state and the agency shall be invited to participate in an investigation whenever a railway undertaking established and licensed in that member state is involved in the accident or incident .


### the investigating body shall make public the final report in the shortest possible time and normally not later than 12 months after the date of the occurrence . the report , including the safety recommendations , shall be communicated to the relevant parties referred to in article 22 and to bodies and parties concerned in other member states . ### the investigating body shall make public the final report , including the safety recommendations , in the shortest possible time and not later than six months after the date of the occurrence . the report shall be communicated to the relevant parties referred to in article 22 and to bodies and parties concerned in other member states .


### the commission shall establish , by means of implementing acts , the content of accident and incident investigation reports . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ### the commission shall establish , by means of delegated acts , the content of accident and incident investigation reports , which shall include the following elements : a summary ; the immediate facts of the occurrence ; the record of investigations and inquiries ; analysis and conclusions . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 26 .


### the power to adopt delegated acts referred to in articles 5 and 7 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in article 5 and 7 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the power to adopt delegated acts referred to in articles 5 and 7 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in articles 5 , 7 and 14 shall be conferred on the commission for an indeterminate period of time .


### annexes iii and v to directive 2004 / 49 / ec shall apply until the date of application of the implementing acts referred to in articles 6 and , 9 , 14 and 23 of this directive . ### annexes iii and v to directive 2004 / 49 / ec shall apply until the date of application of the delegated or implementing acts respectively referred to in articles 6 and , 9 , 14 and 23 of this directive .


### total and relative number of accidents involving the transport of dangerous goods divided into the following categories : ### total and relative number of accidents and incidents involving the transport of dangerous goods divided into the following categories :


### the measures referred to in this paragraph shall take due account of the legitimate interests to protect information of a commercially confidential nature and of the protection of industrial and commercial property rights . ### the measures referred to in this paragraph shall comply with relevant provisions of union law with regard to protection of personal data and shall take due account of the legitimate interests to protect information of a commercially confidential nature .


### where the product is obtained from the manufacturer or importer , holders of the wholesale distribution authorisation must verify that the manufacturer or importer holds a manufacturing authorization . ### where the product is obtained through trading or brokering , holders of the wholesale distribution , trading or brokering authorisation must verify that the persons or entities involved hold the necessary authorizations through the community database , as referred to in article 111 .


### member states shall enter the certificates of good manufacturing practice and good distribution practice which they issue in a community database managed by the agency on behalf of the community . ### member states shall enter the certificates of good manufacturing practice , good distribution practice , good trading practice and good brokering practice which they issue in a community database managed by the agency on behalf of the community . )


### wholesale distribution and trading of medicinal products’ ; ### wholesale distribution , trading and brokering of medicinal products’ ; )


### in order to capitalise on the experience of international financial institutions , and in particular the european investment bank group , action involving microfinance and social entrepreneurship should be implemented by the commission indirectly by entrusting budget implementations tasks to financial institutions in accordance with the financial regulation . using union resources concentrates leverage from international financial institutions and other investors , unifies approaches and thus improves access to finance for micro - enterprises , including the self - employed and social enterprises . the union contribution thus assists in the development of the emerging social business sector and the microfinance market in the union and encourages cross - border activities . ### in order to capitalise on the experience of international financial institutions , and in particular the european investment bank group , action involving microfinance and social entrepreneurship should be implemented by the commission indirectly by entrusting budget implementations tasks to financial institutions in accordance with the financial regulation . using union resources concentrates leverage from international financial institutions and other investors , unifies approaches and thus improves access to finance and the outreach of microfinance to particular at - risk groups and young people . it further supports the development of entrepreneurship , the social economy and micro - enterprises which have no or insufficient credit standing and have no or insufficient capital resources and therefore no access to credits . the union contribution thus assists in the development of the emerging social business sector and the microfinance market in the union and encourages cross - border activities .


### pursuant to articles 8 and 10 of the treaty , the programme should support the mainstreaming of gender equality and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . ### pursuant to article 8 of the treaty , the programme ensures that the implementation of its priorities contributes to the promotion of equality between women and men . evaluations have shown the importance of taking the gender aspect into account in all dimensions of the programme , while ensuring that specific actions are taken to promote gender equality . regular monitoring and evaluation should be carried out to assess the way in which gender equality issues are addressed in the programme ' s activities .


### this regulation establishes a european union programme for social change and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty and improving working conditions . ### this regulation establishes a european union programme for social progress , solidarity , employment and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets , flagship initiatives , integrated guidelines and the youth opportunities initiative by providing financial support for the european union ' s objectives in terms of promoting a high level of high - quality employment , guaranteeing adequate and decent social protection , combating social exclusion and poverty , improving working conditions and improving the employment and educational situation of young people .


### ‘ microfinance’ includes guarantees , counter - guarantees , microcredit , equity and quasi - equity extended to persons and micro - enterprises . ### ' microfinance ' includes guarantees , counter - guarantees , microcredit , equity and quasi - equity extended to persons and micro - enterprises , which have no or insufficient credit standing and have no or insufficient capital resources and therefore no access to credits .


### the programme shall be made up of the following three complementarity axes : ### the programme shall be made up of the following four complementarity axes :


### the microfinance and social entrepreneurship axis , which shall facilitate access to finance for entrepreneurs , especially those furthest from the labour market , and social enterprises . ### the microfinance and social entrepreneurship axis , which shall help increase access to , and availability of , microfinance for persons who have lost or are at risk of losing their job , or who have difficulties entering or re - entering the labour market , as well as persons who are facing the threat of social exclusion or vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market , and for micro - enterprises which employ those persons , as well as enterprises in the social economy .


### the common provisions laid down in articles 1 to 14 shall apply to all three axes set out in points , and of paragraph 1 , to each of which specific provisions shall also apply . ### the common provisions laid down in articles 1 to 14 shall apply to all four axes set out in points , , and of paragraph 1 , to each of which specific provisions shall also apply .


### a mid - term evaluation of the programme shall be carried out by the end of 2017 to measure progress made in meeting its objectives , to determine whether its resources have been used efficiently and to assess its union added value . ### a mid - term evaluation of the programme in cooperation with the strategic advisory board referred to in article 26d shall be carried out by the end of 2017 to measure progress made in meeting its objectives , to determine whether its resources have been used efficiently and to assess its union added value . the strategic advisory board referred to in article 26d shall be involved in the whole evaluation process .


### in addition to the general objectives set out in article 4 , the specific objectives of the progress axis shall be to : ### in addition to the general objectives set out in article 4 , the specific objectives of the progress axis shall be to support the implementation of the europe 2020 strategy , the european platform against poverty and other relevant flagships initiatives and the engagement in the reinforced social omc . the specific objectives shall :


### ensure that job vacancies and applications , and any related information are transparent for the potential applicants and the employers ; this shall be achieved through their exchange and dissemination at transnational , interregional and cross - border level using standard interoperability forms ; ### ensure that job vacancies and applications , and any related information are transparent for the potential applicants and the employers , and provide mentoring to empower people , especially the low skilled ; this shall be achieved through their exchange and dissemination at transnational , interregional and cross - border level using standard interoperability forms ;


### to reach out to the final beneficiaries and create competitive , viable micro - enterprises , public and private bodies that carry out activities as referred to in paragraph 1 shall cooperate closely with organisations representing the interests of the final beneficiaries of microcredit and with organisations , in particular those supported by the esf , which provide mentoring and training programmes to such final beneficiaries . ### to reach out to the final beneficiaries and create viable micro - enterprises , public and private bodies that carry out activities as referred to in paragraph 1 shall cooperate closely with organisations , including civil society organisations , representing the interests of the final beneficiaries of microcredit and with organisations , in particular those supported by the esf , which provide mentoring and training programmes to such final beneficiaries .


### economic and social partners ; and ### economic and social partners representing the general interest of industries or branches , employers and employees ; and


### 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 equality and non - discrimination , and others such as non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy .


### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach , the partners representing the different territorial levels in the member states shall be involved by member states , and sub - national governments with competent authority , in all stages of the preparation of partnership contracts and progress reports and in all stages of the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes .


### the objectives of the csf funds shall be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment , as set out in article 11 of the treaty , taking into account the polluter pays principle . ### the objectives of the csf funds shall be pursued in the framework of integrated sustainable development and the union ' s promotion of the aim of protecting and improving the environment , as set out in article 11 of the treaty , taking into account the polluter pays principle and avoiding future external costs for european society .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states and the commission shall , based on existing environmental legislation , ensure that environmental protection requirements , resource efficiency , biodiversity , ecosystem protection , climate change mitigation and adaptation , ecosystem - based disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and included as objectives in the programmes . member states shall provide information on the support for climate change and biodiversity objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . sustainability shall also be ensured in terms of maintaining and creating employment .


### each programme shall define priorities setting out specific objectives , financial appropriations of support from the csf funds and corresponding national co - financing . ### each programme shall define priorities setting out specific objectives , financial appropriations of support it receives from one or more of the csf funds referred to in article 1 and corresponding national co - financing . where a programme receives support from more than one fund , a lead fund may be designated , in which case the running costs shall be financed by the lead fund and the financial management rules of the lead fund shall apply .


### local development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes . ### local development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes . the partners referred to in article 5 shall be appropriately represented in this committee .


### protecting , conserving and enhancing the eu ' s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission ' s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu ' s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission ' s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . organic farming and extensive agricultural management practise are ecologically effective systems needing further development and support to lead into a more sustainable agricultural system .


### land is managed sustainably in the eu , soil is adequately protected and the remediation of contaminated sites is well underway . ### land is managed sustainably in the eu , soil is adequately protected and the remediation of contaminated sites is well underway . no land of high environmental value is converted into new uses to produce energy crops for the eu .


### in accordance with article 3 of the treaty on european union , the union shall establish an internal market , shall work for the sustainable development of europe based on balanced economic growth and shall promote scientific and technological advance . the creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives . uniform patent protection within the internal market , or at least a significant part thereof , should feature amongst the legal instruments which undertakings have at their disposal . ### in accordance with article 3 of the treaty on european union , the union shall establish an internal market , shall work for the sustainable development of europe based on balanced economic growth and shall promote the dissemination of information on scientific and technological advance . the creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives . uniform patent protection within the internal market , or at least a significant part thereof , should feature amongst the legal instruments which undertakings have at their disposal .


### this directive does not govern member states ' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents , including through information and communication technologies . ### unless there is an element of abuse , coercion or exploitation , this directive does not govern member states ' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents , including through information and communication technologies .


### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### in cases of recidivism , or attempts thereof , measures can be adopted by a judiciary authority in order to temporarily or permanently prevent any regular professional contacts between the offenders and children . implementation of such prohibitions throughout the eu should be facilitated .


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


### coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years . ### coercing , forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years .


### the child has not reached the age of sexual consent under national law ; ### the child has not reached the age of sexual consent under national law , or exhibits signs of slower physical and psychological development ;


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable investigative units or services , in accordance with national and eu data protection legislation , to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### protection of child victims in criminal investigations and proceedings ### assistance , support and protection of child victims in criminal investigations and proceedings


### member states shall take the necessary measures to ensure that in criminal investigations and proceedings , judicial authorities appoint a special representative for the child victim where , by national law , the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim , or where the child is unaccompanied or separated from the family . ### member states shall take the necessary measures to ensure the child victim is given an appropriate time period to decide if he or she will cooperate with the competent authorities in the criminal proceedings .


### expenditure linked to campaigns conducted in the context of elections to the european parliament shall be clearly identified as such by the european political parties in their annual financial statements . ### expenditure of parties and candidates linked to campaigns conducted in the context of elections to the european parliament shall be clearly identified as such by the european political parties in their annual financial statements .


### before taking a final decision related to any of the penalties in article 22 , the european parliament shall give the european political party or the european political foundation concerned the opportunity to present its observations and , where relevant and appropriate , to introduce the measures required to remedy the situation within a reasonable time period . ### before taking a final decision related to any of the penalties in article 22 , the european parliament shall request an opinion from the advisory committee on european party regulation , as defined in article 6 , and give the european political party or the european political foundation concerned the opportunity to present its observations and , where relevant and appropriate , to introduce the measures required to remedy the situation within a reasonable time period .


### the annual financial statements and external audit reports referred to in article 19 , and , for the european political foundations , the final reports on the implementation of the work programmes , ### the annual financial statements and external audit reports referred to in article 19 , and , for the european political foundations , the final reports on the implementation of the work programmes ; this information shall be published at the latest six weeks upon their reception , with all financial information provided in comparable , table - based formats , including as open data ,


### the names of donors and their corresponding donations reported by the european political parties and european political foundations in accordance with article 15 , and , with the exception of donations from natural persons not exceeding a value of eur 1 000 per year and per donor which shall be reported as ‘ minor donations’ , ### the names of donors and their corresponding donations reported by the european political parties and european political foundations in accordance with article 15 , and , with the exception of donations from natural persons not exceeding a value of eur 1 000 per year and per donor which shall be reported as ‘ minor donations’ ; this information shall be published at the latest six weeks upon their reception , with all financial information provided in comparable , table - based formats , including as open data ,


### no more than 5 percentage points of the financial envelope shall be allocated to measures falling under article 4 . ” ### no more than 10 percentage points of the financial envelope shall be allocated to measures falling under article 4 . ”


### where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred , an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and ### an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and


### the commission should be empowered to adopt measures in case of the suspected or confirmed presence of specific union quarantine pests , concerning in particular their eradication and containment , and the establishment of restricted areas , surveys , contingency plans , simulation exercises and eradication plans as regards those pests . ### the commission should be empowered to adopt measures in case of the confirmed presence of specific union quarantine pests , concerning in particular their eradication and containment , and the establishment of restricted areas , surveys , contingency plans , simulation exercises and eradication plans as regards those pests .


### a pest shall be referred to as a ‘ union quality pest’ if it fulfils the following conditions and it is included in the list referred to in article 37 : ### a pest shall be referred to as a ‘ union quality pest’ if it fulfils all of the following conditions and it is included in the list referred to in article 37 :


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard shall be made up of an array of indicators relevant for detecting the risk of potential macroeconomic and macrofinancial imbalances at the union and member states level . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . thresholds for external imbalances will highlight symmetrically excessive deficits as well as excessive surpluses . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states .


### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public . ### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall , by means of delegated acts , in accordance with article - 12 and subject to conditions of articles - 12a and - 12b , adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public .


### the flight data recorder recordings shall not be made available or used for purposes other than safety investigation , except when such records are : used for airworthiness or maintenance purposes only ; or de - identified ; or disclosed under secure procedures . ### the flight data recordings shall not be made available or used for purposes other than safety investigation , except when such records are : used for airworthiness or maintenance purposes only ; and de - identified ; and disclosed under secure procedures .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . indeed , as stated by the european parliament resolution of 17 november 2011 on the open internet and net neutrality in europe 2011 / 2866 , the internet ' s open character has been a key driver of competitiveness , economic growth , social development and innovation – which has led to spectacular levels of development in online applications , content and services – and thus of growth in the offer of , and demand for , content and services , and has made it a vitally important accelerator in the free circulation of knowledge , ideas and information , including in countries where access to independent media is limited


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of technically - reasonable , not commercially motivated traffic management measures . such measures should be transparent , necessary , proportionate and non - discriminatory . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances .