### salmon caught at sea from service vessels shall be counted against the national quota . ### salmon caught at sea from service vessels and at coastal and river recreational fishing places shall be counted against the national quota .


### for wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this regulation , member states concerned shall establish not later than two years after the entry into force of this regulation national technical conservation measures . ### for wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this regulation , member states concerned shall establish , maintain and , if necessary , improve existing national technical conservation measures by &#8230 ; * . _________________ * oj please insert the date two years after the entry into force of this regulation .


### stocking of salmon may only be conducted in wild salmon river . the number of released smolts in each river shall not exceed the estimated potential smolt production capacity of the river . ### stocking of salmon may only be conducted in wild salmon rivers and , during a transitional period established in accordance with paragraph 3 , when required to prevent the extermination of the local stock , in estuaries . the number of fry released in each river shall not exceed the estimated potential smolt production capacity of the river .


### stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks taking into account existing fish communities in the stocked river and in neighbouring rivers while maximising the effect of stocking . ### stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks taking into account existing fish communities in the stocked river and in neighbouring rivers while maximising the effect of stocking . mature fish and smolt shall originate from the same wild salmon river if possible or failing that from the nearest possible wild salmon river basin .


### the river has free migratory waterways , appropriate water quality and habitat suitable for reproduction and growth of salmon ; ### the river or its tributaries have free migratory waterways , appropriate water quality and habitat suitable for reproduction and growth of salmon ;


### by way of derogation from article 14 of regulation 1224 / 2009 masters of european union fishing vessels of all length holding a fishing authorisation for salmon shall keep a logbook of their operations in accordance with the rules set in article 14 of regulation no 1224 / 2009 . ### by way of derogation from article 14 of regulation 1224 / 2009 masters of european union fishing vessels of all length holding a fishing authorisation for salmon , as well as masters of service vessels used for angling and other types of fishing , shall keep a logbook of their operations in accordance with the rules set in article 14 of regulation no 1224 / 2009 .


### by way of derogation from the introductory sentence of article 17 of regulation 1224 / 2009 , masters of european union fishing vessels of all length retaining salmon and / or sea trout on board shall notify the competent authorities of their flag member state immediately after the completion of the fishing operation of the information listed in article 17 of regulation 1224 / 2009 . ### by way of derogation from the introductory sentence of article 17 of regulation 1224 / 2009 , masters of european union fishing vessels and masters of service vessels used for angling and other types of fishing , of all lengths , retaining salmon and / or sea trout on board shall notify the competent authorities of their flag member state immediately after the completion of the fishing operation of the information listed in article 17 of regulation 1224 / 2009 .


### compliance with the rules on quota uptake , activity authorisation and catch declaration by service vessels ; ### compliance with the rules on quota uptake , activity authorisation and catch declaration by service vessels , and recreational fisheries using all types of gear ;


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should in principle be awarded to cities ; exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives .


### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding regions . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city . ### in principle , the competition for the european capital of culture title shall be open to cities . exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives . however , the applications shall always be made under the name of a leading city located in a member state which is entitled to apply that year .


### the economic well - being of the european union relies on sustained creativity and innovation . therefore measures for their effective protection are indispensible in ensuring its future prosperity . ### the well - being and the social , economic , and cultural development of the european union rely on the preservation and promotion of its heritage , its creativity , and its capacity for innovation ; access to , and the transfer of , technology , knowledge , and culture contribute to development , and their role should accordingly be taken into account by taking measures to meet the new social needs of the information society , one model for which should be the unesco convention of 20 october 2005 on the protection and promotion of the diversity of cultural expressions .


### intellectual property rights are vital business assets that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected . ### intellectual property rights should ensure that innovators and creators get a fair reward for their work and their investment in research and new ideas and should serve to disseminate technologies and knowledge by enabling everyone to gain access to culture .


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


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities in cooperation with stakeholders as a whole , including representatives of civil society , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements and the implications entailed in the enforcement of measures relating to such infringements within the economy and in the research and health sectors , not least in developing countries . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations .


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


### building strategies in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , and developing techniques , skills and tools related to the protection of intellectual property rights , including training programmes and awareness campaigns ; ### developing strategies , in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , related to the protection of intellectual property rights , including training programmes and awareness campaigns ;


### the office shall invite to the meetings referred to in point of article 2 representatives from public administrations , bodies and organisations dealing with the protection of intellectual property rights and representatives from the private sector . ### the office shall invite to the meetings referred to in point of article 2 representatives from public administrations , bodies and organisations dealing with the protection of intellectual property rights and representatives from non - governmental organisations and the private sector .


### representatives meeting as the observatory invited from the private sector shall include a broad and representative range of union and national bodies representing the different economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights . ### representatives meeting as the observatory invited from non - governmental organisations and the private sector shall cover a broad and representative range .


### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should include at least a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required ensuring that these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service .


### the recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users , the availability of the port service all year long or the affordability of the port service to certain category of users . ### the recourse to public service obligations leading to a limitation in the number of providers of a port service should be justified for reasons of public interest .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states retain the full power to ensure the level of social protection for the staff of undertaking providing port services in full autonomy and line with subsidiarity . this regulation shall not affect the application of current or future social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , the competent authorities are invited to advocate to the chosen service operator the full application of the relevant provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### the minimum requirements provided for in paragraph 1 may only relate , where applicable , to : ### the minimum requirements provided for in paragraph 1 may relate , where applicable , to :


### the professional qualifications of the port service provider , its personnel or the natural persons who effectively and continuously are managing the activities of the port service provider ; ### the professional qualifications of the port service provider , its personnel or the natural persons who effectively are managing the activities of the port service provider ;


### the compliance with requirements on the maritime safety or the safety and security of the port or access to it , its installations , equipment and persons ; ### the compliance with requirements on the maritime safety or the safety and security of the port or access to it , its installations , equipment and persons , including the provisions on health and safety at work which apply to the port concerned ;


### the availability of the service without interruption during the day , the night , the week and the year ; ### the availability and quality of the service without interruption during the day , the night , the week and the year ;


### this regulation shall not affect the application of the social and labour rules of the member states . ### this regulation shall not affect the application of the current or future social and labour rules of the member states .


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


### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; ### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; member states are , however , encouraged to proceed with plain packaging ;


### as regards regulation no 1365 / 2006 , in order to take account of economic and technical trends , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission concerning the adaptation of the threshold for statistical coverage of inland waterways transport , adaptation of the definitions and the adoption of additional definitions . in addition , the commission should be empowered to adopt delegated acts in order to adapt the data collection scope and the content of the annexes . ### as regards regulation no 1365 / 2006 , in order to take account of technical trends , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the adaptation of the threshold for statistical coverage of inland waterways transport , adaptation of the definitions and the adoption of additional definitions , and the adaptation of the content of the annexes .


### the commission should ensure that these delegated acts do not impose a significant additional administrative burden on the member states or on the respondent units . ### the commission should ensure that these delegated acts do not impose a significant additional administrative burden on the member states or on the respondents .


### in order to ensure uniform conditions for the implementation of regulation no 1365 / 2006 , implementing powers should be conferred upon the commission to adopt arrangements for transmitting data including data interchange standards , for the dissemination of results by the commission and also to develop and publish methodological requirements and criteria designed to ensure the quality of the data produced . those powers should be exercised in accordance with regulation no 182 / 2011 . ### in order to ensure uniform conditions for the implementation of regulation no 1365 / 2006 , implementing powers should be conferred on the commission to adopt arrangements for transmitting data including data interchange standards , for the dissemination of results by the commission and also to develop and publish methodological requirements and criteria designed to ensure the quality of the data produced . those powers should be exercised in accordance with regulation no 182 / 2011 . the examination procedure should be used for the adoption of those acts , given their general scope .


### in accordance with the principle of proportionality , it is necessary and appropriate for the achievement of the basic objective of the alignment of the powers conferred upon the commission to articles 290 and 291 of the treaty to lay down rules on such alignment in the domain of transport statistics . this regulation does not go beyond what is necessary in order to achieve that objective , in accordance with article 5 of the treaty on the european union . ### in accordance with the principle of proportionality , as set out in article 5 of the treaty on european union , it is necessary and appropriate for the achievement of the basic objective of the alignment of the powers conferred on the commission with articles 290 and 291 of the treaty on the functioning of the european union to lay down rules on such alignment in the domain of transport statistics . this regulation does not go beyond what is necessary in order to achieve that objective , in accordance with article 5 of the treaty on european union .


### ‘ 5 . the commission shall be empowered to adopt delegated acts , in accordance with article 9 , taking account of economic and technical trends , concerning the adaptation of the threshold for statistical coverage of inland waterways transport . ’ ### ‘ 5 . the commission shall be empowered where necessary to adopt delegated acts in accordance with article 9 concerning the adaptation of the threshold for statistical coverage of inland waterways transport solely in order to take account of technical developments . ’ ;


### ‘ the commission shall be empowered to adopt delegated acts in accordance with article 9 , taking account of economic and technical trends , concerning the adaptation of the definitions and the adoption of additional definitions . ’ ### ‘ the commission shall be empowered where necessary to adopt delegated acts in accordance with article 9 concerning the adaptation of the definitions and the adoption of additional definitions solely in order to take account of technical developments and to ensure harmonisation of statistics . ’ ;


### ‘ 4 . the commission shall be empowered to adopt delegated acts in accordance with article 9 , taking account of economic and technical trends , concerning the adaptation of the data collection scope and the content of the annexes . ’ ### ‘ 4 . the commission shall be empowered where necessary to adopt delegated acts in accordance with article 9 concerning the adaptation of the content of the annexes , solely in order to take account of technical developments . ’ ;


### by 15 october 2009 and after consulting the statistical programme committee , the commission shall submit a report to the european parliament and the council on the implementation of this regulation . in particular , that report shall : ### in article 8 , the introductory wording of paragraph 1 is replaced by the following : ' by … and every three years thereafter , the commission , after consulting the statistical programme committee , shall submit a report to the european parliament and the council on the implementation of this regulation . in particular , that report shall : ' ; ________________  oj : please insert the date : three years after the date of entry into force of this regulation .


### exercise of delegated powers ### exercise of the delegation


### the power to adopt delegated acts is conferred upon the commission subject to the conditions laid down in this article . ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article .


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


### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes . ### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes , provided that they have properly evaluated any other feasible alternatives and justify the final choice to the commission .


### in article 2 , paragraph 3 is replaced by the following : ### in article 2 , paragraphs 3 and 4 are replaced by the following :


### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation . ### projects , including those with transboundary effect , for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling all the requirements of the relevant union legislation . the most stringent legislation shall apply .


### the following paragraph 3 is added : ### the following paragraphs 3 , 4 and 5 are added : 4 . the public may institute a legal challenge , including making an application for injunctive relief , in respect of the development consent decision by initiating legal proceedings in the terms according to national legislation and within a maximum delay of three months after the issue of the formal decision by the competent authority has been duly publicised . 5 . the competent authority or authorities shall ensure that projects with development consent will not commence prior to the expiry of the time - limit for legal challenge .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes positions in otc derivative contracts such that the average position over 90 days exceeds the threshold determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts .


### draft legislative resolution ### - having regard to the geneva convention of 1951 and the protocols thereof ,


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


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


### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies ' general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed . ### collective management organisations collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that collective management organisation , or another organisation . it is therefore important that collective management organisations exercise the utmost diligence , with maximum efficiency , in collecting , managing and distributing that revenue . accurate distribution is only possible where collective management organisations maintain proper and transparent records of membership , licences and use of works and other subject matter . data on the use of the rights managed by collective management organisations should also be provided by rightholders and users with due speed and care , and verified by those organisations . amounts collected and due to rightholders should be managed separately from any own assets of the collective management organisation and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collective management organisation ' s general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collective management organisation should be managed in accordance with criteria which would oblige the organisation to act prudently , while allowing it to decide on the most secure and efficient investment policy . as the collective management of rights by collective management organisations is not a profit - making activity , these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration , and avoids any exposure to risk of rights revenue . this should allow the collective management organisation to opt for a secure and profitable asset allocation that prevents exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collective management organisations to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collective management organisations of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed .


### to enhance the trust of rightholders , users and other collecting societies in the management services provided by collecting societies , each collecting society should be required to set up specific transparency measures . each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made . they should also be required to provide sufficient information , including financial information , to the other collecting societies whose rights they manage through representation agreements . each collecting society should also make public enough information to ensure that rightholders , users and other collecting societies understand how it is structured and how it carries out its activities . collecting societies should in particular disclose to rightholders , users and other collecting societies the scope of their repertoire and their rules on fees , deductions and tariffs . ### to enhance the trust of rightholders , users and other collective management organisations in the management services provided by collective management organisations , each collective management organisation should be required to set up specific transparency measures . each collective management organisation should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made . collective management organisations should also be required to provide sufficient information , including financial information , to the other collective management organisations whose rights they manage through representation agreements . each collective management organisation should also make public all relevant information in standardised form to ensure that rightholders , users and other collective management organisations understand how it is structured and how it carries out its activities . collective management organisations should in particular disclose to rightholders , users and other collective management organisations , on the basis of standardised information categories , the scope of their repertoire and their rules on fees , deductions and tariffs .


### commission recommendation 2005 / 737 / ec promoted a new regulatory environment better suited to the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation , due to its voluntary nature , has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing . ### commission recommendation 2005 / 737 / ec promoted a new regulatory environment for the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing .


### in the online music sector , where collective management of authors’ rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors’ online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### unlike other creative sectors , where direct licensing plays a greater role , collective management of authors’ rights on a territorial basis remains the norm in the online music sector . it is therefore essential to create conditions conducive to the most effective licensing practices by collective management organisations . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors’ online rights in musical works , thereby enhancing consumer choice and advancing towards completion of the digital single market . these provisions should ensure the necessary minimum quality of the cross - border services provided by collective management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire , thus reducing the number of licences a user needs to operate a multi - territorial service and enabling them to be issued more efficiently . these provisions should enable a collective management organisation to request another collective management organisation to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested organisation , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting organisation . the development of legal online music services across the union should also contribute to the fight against piracy .


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a blanket licence from a local collective management organisation in order to acquire rights to the worldwide repertoire of musical works – in order to communicate them and make them available – and to be able to provide the public with television and radio programmes and online services . such blanket licences for broadcasting organisations , which are based on their actual needs , have become firmly established and are recognised by rightholders , broadcasting organisations and collective management organisations alike . this directive should therefore uphold this well - established practice in order to avoid a situation where different rules apply to licences issued for broadcasters’ online and offline services . it is therefore necessary to exempt collective management organisations from the provisions of title iii where they issue licences for broadcasters’ online services related to their offline services ; such licences should be issued in accordance with national and european union law , in particular articles 101 and 102 of the treaty on the functioning of the european union .


### ‘ rightholder’ means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society ; ### ‘ rightholder’ means any natural person or legal entity other than a collective management organisation that holds a copyright or related right ;


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


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


### collecting societies shall accept rightholders as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective criteria . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available . ### collective management organisations shall accept rightholders , or any other members as defined in article 3 , as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective and non - discriminatory criteria . these criteria shall be included in the statute or the membership terms of the collective management organisation and shall be made publicly available .


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


### the general meeting shall have the power to decide on the appointment or dismissal of the directors and approve their remuneration and other benefits such as non - monetary benefits , pension awards , right to other awards and rights to severance pay . ### the general meeting shall have the power to decide on the appointment or dismissal of the administrators and directors and approve their remuneration and other benefits such as non - monetary benefits , pension awards , right to other awards and rights to severance pay .


### 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 equal representation of all the different categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation .


### 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 .


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


### the collecting society shall manage and keep separate the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities . ### the collective management organisation shall manage and keep separate in accounting terms the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities .


### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . ### member states shall ensure that agreements governing the relationship of the collective management organisation with its members shall specify the rules governing the calculation of the deductions applicable to the rights revenue referred to in point&#160 ; of article&#160 ; 16 . the percentage of these deductions shall be reasonable and clearly justified in the billing forms that the collective management organisation has to provide to its members and rightholders .


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


### a collecting society which grants multi - territorial licences for online rights in musical works shall have procedures in place to enable rightholders and other collecting societies to object to the contents of the data referred to in article 22 or to information provided under article 23 , where such rightholders and collecting societies , on the basis of reasonable evidence , believe that the data or the information are inaccurate in respect of their online rights in musical works . where the claims are sufficiently substantiated , the collecting society shall ensure that the data or the information are corrected without undue delay . ### a collective management organisation which grants multi - territorial licences for online rights in musical works shall have procedures in place to enable rightholders , other collective management organisations , and users to object to the contents of the data referred to in article 22 or to information provided under article 23 , where such rightholders , collective management organisations , and users , on the basis of reasonable evidence , believe that the data or the information are inaccurate in respect of their online rights in musical works . where the claims are sufficiently substantiated , the collective management organisation shall ensure that the data or the information are corrected without undue delay .


### the mandating collecting society shall inform its members of the duration of the agreement , the costs of the services provided by the other collecting society and any other significant terms of the agreement . ### the mandating collective management organisation shall inform the rightholders of the duration of the agreement , the costs of the services provided by the other collective management organisation and any other significant terms of the agreement .


### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise . the collecting society which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them . ### member states shall ensure that where a collective management organisation does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collective management organisation to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collective management organisation to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collective management organisation complying with the provisions of this title or any other party they authorise . the rightholders shall notify the affected collective management organisation of their decision without delay . the collective management organisation which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collective management organisation is established , unless the rightholders terminate their authorisation to manage them .


### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services 3 provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence . ### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services 3 provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence . furthermore , having realised that there is a real risk of interference in the general reception of audiovisual broadcasting - analogue or not - , such policies and the market it refers to must ensure a strong consumer ' s rights protection and proper public information on the forthcoming change .


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


### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies . ### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies , without prejudice to article&#160 ; 349 of the treaty on the functioning of the european union , which grants the outermost regions special status with a view to fostering their development and their integration on a fair basis into the union through the implementation of specific programmes and instruments tailored to their situation .


### in article 10 , the full stop at the end of point is replaced by a semicolon , and the following is added after point : ' or by 15 december 2011 , for a request under article 9 , or by 15 june 2013 for a request under article 9 . ” ### article 10 is amended as follows : article 10 is replaced by the following : “1 . the commission shall examine the request accompanied by the information referred to in article 9 . when examining the request the commission shall take account of the findings of the relevant international organisations and agencies . it may ask the requesting country any questions which it considers relevant , and may verify the information received with the requesting country or with any other relevant sources , including the european parliament and representatives of civil society such as the social partners . ” in paragraph 3 , the full stop at the end of point is replaced by a semicolon , and the following is added after point : or by 15 december 2011 , for a request under article 9 , or by 15 june 2013 for a request under article 9 . ”


### the white paper ‘ roadmap to a single european transport area – towards a competitive and resource efficient transport system’ called for breaking the oil dependence of transport . in consequence the commission undertook to develop a sustainable alternative fuels strategy as well as the appropriate infrastructure . the white paper also set a target of 60% greenhouse gas emissions reduction from transport by 2050 . ### the white paper ‘ roadmap to a single european transport area – towards a competitive and resource efficient transport system’ called for breaking the oil dependence of transport . naturally , this needs to be achieved through an array of policy initiatives . with regard to the development of sustainable alternative fuels strategy as well as the appropriate infrastructure , the commission consequently proposed measures . the white paper also set a target of 60% greenhouse gas emissions reduction from transport by 2050 .


### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should therefore provide the long - term security required for private and public investment into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof . ### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should serve the dual purpose of ending oil dependency in the transport sector and achieving a 60% cut in greenhouse gas emissions in that sector by 2050 . member states should therefore establish national policy frameworks outlining their objectives concerning global reduction in energy consumption , especially consumption of oil and its derivatives in the transport sector , as well as the deployment of electrified public transport services , and the development of alternative fuels , including the necessary infrastructure to be put in place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . the commission should ensure the coordination of those national policy frameworks and their coherence at union level , following a periodic evaluation thereof .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity generated by renewable sources is a clean fuel particularly attractive for the deployment in urban agglomerations of electric vehicles and electric two - wheelers , which can contribute to improving air quality and reducing noise . the decision on how many charging stations and where they should be located should lie with the municipal authorities , who should endeavour to build up a network , covering a sufficiently large area , of recharging points for electric vehicles , in particular those used for collective / public transport , as well as electric bicycles , scooters and motorcycles . regulatory provisions should be set up by regional and local authorities , assisting citizens by ensuring that the appropriate infrastructure , with sufficient electric vehicle recharging points , is provided by the site developers and managers . local and regional authorities need to retain the flexibility to choose the technology that best suits their local and regional needs and priorities .


### the commission delivered in 2010 a mandate to the european standardisation organisations in order to issue new standards or review the existing ones with the aim of ensuring the interoperability and connectivity between the electricity supply point and the charger of electric vehicles . cen / cenelec set up a focus group which published a report in october 2011 . whereas the report contains a number of recommendations , no consensus was found to select one standard interface . therefore , further policy action is needed in order to provide a non - proprietary solution ensuring interoperability across the eu . ### in 2010 the commission delivered to the european standardisation organisations a mandate to issue new standards or review the existing ones with the aim of ensuring interoperability and connectivity between the electricity supply point and the charger of electric vehicles . cen / cenelec set up a focus group which published a report in october 2011 . although the report contains a number of recommendations , no consensus was found to select one standard interface . therefore , further policy action is needed in order to provide a non - proprietary solution ensuring interoperability across the union and beyond .


### shore - side electricity facilities can serve maritime and inland waterway transport as clean power supply , in particular in maritime and inland navigation ports where air quality or noise levels are poor . ### shore - side electricity facilities can serve maritime and inland waterway transport as clean power supply , in particular in maritime and inland navigation ports where air quality and noise levels are poor . furthermore , the provision of clean power supply at airports can reduce kerosene consumption , improve air quality , reduce climate change impact and noise .


### this directive establishes a common framework of measures for the deployment of alternative fuels infrastructure in the union in order to break the oil dependence of transport and sets out minimum requirements on alternative fuels infrastructure build - up and common technical specifications , including recharging points for electric vehicles and refuelling points for natural gas and hydrogen . ### this directive seeks to achieve the dual objective of ending the dependence of transport on oil and attaining a 60% cut in greenhouse gas emissions in the transport sector by 2050 . it establishes a joint framework for measures to facilitate the deployment of alternative fuel infrastructures throughout the union and sets out common technical specifications regarding the build - up of alternative fuels infrastructure , including recharging points for electric vehicles and refuelling points for natural gas and hydrogen .


### ‘ electric vehicle’ means a vehicle within the meaning of directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval of motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles , with a maximum design speed exceeding 25 km / h , equipped with one or more traction motor operated by electric power and not permanently connected to the grid , as well as their high voltage components and systems which are galvanically connected to the high voltage bus of the electric power train . ### ‘ electric vehicle’ means a vehicle equipped with one or more traction motor operated by electric power . under this directive , electric vehicles are those used for collective / public transport , as well as electric bicycles , scooters and motorcycles .


### – targets for the deployment of alternative fuels ; ### – targets for the global reduction in the consumption of energy , in particular oil and its derivatives , in the transport sector , reduction of urban congestion , increased mobility efficiency and the deployment of electrified public transport services and alternative fuels ;


### – 2020 national targets for the deployment of alternative fuels in the different transport modes and for the relevant infrastructure ; ### – 2020 national targets for global reduction in the consumption of energy and of oil and its derivatives , in the transport sector , reduction of urban congestion and the deployment of electrified public transport services and of alternative fuels in the different transport modes and for the relevant infrastructure ;


### there shall be no lack of conformity for the purposes of this article if , at the time the contract was concluded , the consumer was aware , or should reasonably have been aware of , the lack of conformity , or if the lack of conformity has its origin in materials supplied by the consumer . ### there shall be no lack of conformity for the purposes of this article if , at the time the contract was concluded , the consumer was aware , or could not reasonably have been unaware of , the lack of conformity , or if the lack of conformity has its origin in materials supplied by the consumer .


### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed unless , given the particular circumstances , disclosure would adversely affect the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in ec legislation on the protection of individuals with regard to the processing of personal data . ### personal data shall not be disclosed if such disclosure would harm the privacy or the integrity of the person concerned . such harm shall be deemed not to arise : – if the data relate solely to the professional activities of the person concerned unless , given the particular circumstances , there is reason to assume that disclosure would adversely affect that person ; – if the data relate solely to a public person unless , given the particular circumstances , there is reason to assume that disclosure would adversely affect that person or other persons related to him or her ; – if the data have already been published with the consent of the person concerned . personal data shall nevertheless be disclosed if an overriding public interest requires disclosure . in those cases , the institution or body shall be required to specify the public interest . it shall give reasons why , in the specific case , the public interest outweighs the interests of the person concerned .


### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . ### where an application concerns a document originating from a member state : – which has not been transmitted by that member state in its capacity as a member of the council , or – which does not concern information submitted to the commission concerning the implementation of eu policies and legislation , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or in equivalent provisions in its own legislation or objects on the basis of article 346 tfeu that the disclosure would be contrary to its essential security interests . the institution shall assess the adequacy of reasons given by the member state .


### directive 2007 / 64 / ec has been adopted in december 2007 on the basis of a commission proposal of december 2005 . since then , the retail payments market has experienced significant technical innovations with the rapid growth in the number of electronic and mobile payments and the emergence of new types of payments services in the market place . ### directive 2007 / 64 / ec has been adopted in december 2007 on the basis of a commission proposal of december 2005 . since then , the retail payments market has experienced significant technical innovations with the rapid growth in the number of electronic and mobile payments and the emergence of new types of payments services in the market place , challenging the current framework .


### establishing an integrated single market for electronic payments is crucial in order to ensure that consumers , merchants and companies enjoy the full benefits of the internal market , given the development of the digital economy . ### establishing an integrated single market for safe electronic payments is crucial in order to ensure that consumers , merchants and companies enjoy choice and transparency of payment services to benefit from the full benefits of the internal market , given the development of the digital economy .


### in recent years , the security risks related electronic payments have increased , which is due to the greater technical complexity of electronic payments , the continuously growing volumes of electronic payments worldwide and the emerging types of payment services . as safe and secure payment services constitute a vital condition for a well - functioning payment services market , users of payment services should be adequately protected against such risks . payment services are essential for the maintenance of vital economic and societal activities and therefore payment services providers such as credit institutions have been qualified as market operators according to article 3 of directive [ pls insert number of nis directive after adoption ] of the european parliament and of the council25 . __________________ 25 directive xxxx / xx / eu of the european parliament and of the council of [ date ] concerning measures to ensure a high common level of network and information security across the union . ### in recent years , the security risks related to electronic payments have increased , which is due to legal unclarity , inconsistent application of the legislative framework across the union , the greater technical innovation in electronic payments , the phase in continuously growing volumes of electronic payments worldwide and the emerging speed of new types of payment services . as safe , transparent and secure payment services constitute a vital condition for a well - functioning payment services product in addition to traditional cash payment , users of payment services should be adequately protected against security risks . payment services have developed to a major industry and consumers , merchants and companies have become dependent on payment services for the maintenance of vital economic and societal activities and therefore payment services providers such as credit institutions have been qualified as market operators according to article 3 of directive [ pls insert number of nis directive after adoption ] of the european parliament and of the council25 . __________________ 25 directive xxxx / xx / eu of the european parliament and of the council of [ date ] concerning measures to ensure a high common level of network and information security across the union .


### in addition to the general measures to be taken at member states’ level in directive [ pls insert number of nis directive after adoption ] , the security risks related to payment transactions should also be addressed at the level of the payment service providers . the security measures to be taken by the payment service providers need to be proportionate to the security risks concerned . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities on an annual basis with updated information on the assessment of their security risks and the measures that they have taken in response to these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority . ### in addition to the general measures to be taken at member states’ level in directive [ pls insert number of nis directive after adoption ] , the security risks related to the choice of technical system to offer payment transactions should also be addressed at the level of the payment service providers and for their cost and responsibility . the security measures to be taken by the payment service providers need to be in proportion to the security risks concerned for their clients . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities at least 3 times a year with updated information on the assessment of their security risks and the additional measures that they have taken in response to reduce these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority , which should publish a report on ‘ security of digital payment services in the european union’ every year . .


### the definition of payment services should be technologically neutral and allow for the further development of new types of payment services , while ensuring equivalent operating conditions for both existing and new payment service providers . ### the definitions of payment services , payment protocols and standards should be technologically neutral and allow for the further development of new types of payment services , while ensuring equivalent operating conditions for both existing and new payment service providers .


### the definition of payment services should be technologically neutral and allow for the further development of new types of payment services , while ensuring equivalent operating conditions for both existing and new payment service providers . ### the definition of payment services should be technologically neutral and allow for the further development of new types of payment services , while ensuring equivalent safe operating conditions for both existing and new payment service providers .


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors and the exception should not be continued . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing .


### service providers seeking to benefit from an exemption under directive 2007 / 64 / ec often do not consult authorities on whether their activities are covered or exempted under that directive but rely on their own assessments . it appears that some exemptions may have been used by payment service providers to redesign business models so that the payment activities offered would be outside the scope of that directive . this may result in increased risks for payment service users and diverging conditions for payment service providers in the internal market . service providers should therefore be obliged to notify certain activities to the competent authorities , to ensure a homogenous interpretation of the rules throughout the internal market . ### service providers seeking to benefit from an exemption under directive 2007 / 64 / ec often do not consult authorities on whether their activities are covered or exempted under that directive but rely on their own assessments . it appears that some exemptions may have been used by payment service providers to redesign business models so that the payment activities offered would be outside the scope of that directive . this may result in increased risks for payment service users and diverging conditions for payment service providers in the internal market . service providers should therefore be obliged to notify their activities to the competent authorities , to ensure a homogenous interpretation of the rules throughout the internal market .


### it is essential for any payment service provider to be able to access the services of technical infrastructures of payment systems . such access should , however , be subject to appropriate requirements in order to ensure integrity and stability of those systems . each payment service provider applying for a participation in a payment system should furnish proof to the participants of the payment system that its internal arrangements are sufficiently robust against all kinds of risk . these payment systems typically include e . g . the four - party card schemes as well as major systems processing credit transfers and direct debits . in order to ensure equality of treatment throughout the union as between the different categories of authorised payment service providers , according to the terms of their licence , it is necessary to clarify the rules concerning access to the provision of payment services and access to payment systems . ### it is essential for any payment service provider to be able to access the services of technical infrastructures of payment systems . such access should , however , be subject to appropriate requirements in order to ensure integrity and stability of those systems . each payment service provider applying for a participation in a payment system should bear the risk of its own choice of system and furnish proof to the participants of the payment system that its internal arrangements are sufficiently robust against all kinds of risk and fraudulent misuse by a third party due to the choice of operating systems . these payment systems typically include e . g . the four - party card schemes as well as major systems processing credit transfers and direct debits . in order to ensure equality of treatment throughout the union as between the different categories of authorised payment service providers , according to the terms of their licence , it is necessary to clarify the rules concerning access to the provision of payment services and access to payment systems .


### this directive should provide for the consumer’s right to receive relevant information free of charge before being bound by any payment service contract . the consumer should also be able to request prior information as well as the framework contract , on paper , free of charge at any time during the contractual relationship , so as to enable them to compare payment service providers’ services and their conditions and in case of any dispute verify their contractual rights and obligations . those provisions should be compatible with directive 2002 / 65 / ec . the explicit provisions on free information in this directive should not have the effect of allowing charges to be imposed for the provision of information to consumers under other applicable directives . ### this directive should provide for the consumer’s right to receive relevant information free of charge before being bound by any payment service contract . the consumer should also be presented prior information as well as the framework contract , on paper , free of charge at any time during the contractual relationship , so as to enable them to compare payment service providers’ services and their conditions and in case of any dispute verify their contractual rights and obligations . those provisions should be compatible with directive 2002 / 65 / ec . the explicit provisions on free information in this directive should not have the effect of allowing charges to be imposed for the provision of information to consumers under other applicable directives .