### the european insurance and occupational pensions authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a community body having legal personality and it should have legal , administrative and financial autonomy . ### the authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to prevent regulatory arbitrage and guarantee a level playing field , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , to promote supervisory convergence and to strengthen international supervisory coordination while taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a union body having legal personality and it should have legal , administrative and financial autonomy .


### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of community law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of community law directly applicable to them . ### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of union law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of union law directly applicable to them . this also applies to disagreements within a college of supervisors .


### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant community legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . ### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , should be able to decide upon a certain supervisory matter in its name in lieu of the authority or in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant eu legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate and monitor delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . it should identify and promulgate best practices regarding delegation and delegation agreements . .


### on the basis of the peer review the authority may issue recommendations to the national supervisory authorities concerned . ### on the basis of the peer review the authority may issue guidelines and recommendations pursuant to article 8 to the competent authorities concerned , or adopt a decision addressed to competent authorities or adopt draft technical standards in accordance with articles 7 to 7d .


### the authority shall ensure an adequate coverage of cross - sectoral developments , risks and vulnerabilities by closely cooperating with the european banking authority and the european securities and markets authority . ### the authority shall ensure an adequate coverage of cross - sectoral developments , risks and vulnerabilities by closely cooperating with the european supervisory authority and the european supervisory authority and the european supervisory authority .


### the authority shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries in accordance with the legislation referred to in article 1 . ### the authority shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries in accordance with the legislation referred to in article 1 . the commission shall adopt delegated acts in accordance with articles 7a to 7d , for the purpose of making assessments of equivalence referred to in this article .


### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , an insurance , reinsurance and occupational pension funds stakeholder group shall be established . ### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , an insurance , reinsurance and occupational pension funds stakeholder group shall be established . the stakeholder group shall be consulted on all relevant decisions and actions of the authority . if case of urgency immediate consultation is impossible , the stakeholder group has to be informed about the decision as quick as possible .


### the insurance , reinsurance and occupational pension funds stakeholder group shall be composed of 30 members , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees as well as consumers and users of the insurance , reinsurance and occupational pension services . ### the insurance , reinsurance and occupational pension funds stakeholder group shall be composed of 30 members , representing in balanced proportions union credit and investment institutions , their employees as well as consumers , users of banking services and representatives of smes . not less than 5 of the members shall be independent top - ranking academics . the number of members representing market participants shall not exceed 10 . not less than 10 members shall be elected by sme organisations .


### two members of the board of appeal and two alternates shall be appointed by the management board of the authority from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors . ### the members of the board of appeal and their alternates shall be appointed by the european parliament from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors . it shall include at least one member representing a consumer organisation , one member representing smes and one member representing the research community . the latter as well as his alternate shall be appointed by the insurance , reinsurance and occupational pensions stakeholder group .


### each group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of annex iii , according to the contribution of each project to implementing the energy infrastructure priority corridors and areas set out in annex i and according to their fulfilment of the criteria set out in article 4 . each individual proposal for a project shall require the approval of the member state , to the territory of which the project relates . ### each group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of annex iii , according to the contribution of each project to implementing the energy infrastructure priority corridors and areas set out in annex i and according to their fulfilment of the criteria set out in article 4 . the groups shall adopt the proposed list by simple majority of their members . each individual proposal for a project shall require the approval of the member state , to the territory of which the project relates .


### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number of users affected by the project , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users . ### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . the indicators referred to in point 5 of annex v allowing for a cost - benefit analysis of the project will be taken into account . to this end , these indicators can be set out in a harmonised framework established by the commission . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number of users affected by the project , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users .


### the agency and the groups shall monitor the progress achieved in implementing the projects of common interest . the groups may request additional information provided in accordance with paragraphs 3 , 4 and 5 , verify the provided information on site and convene meetings with the relevant parties . the groups may also request the agency to take measures to facilitate the implementation of projects of common interest . ### the agency and the groups shall monitor the progress achieved in implementing the projects of common interest . the groups may request additional information provided in accordance with paragraphs 3 , 4 and 5 , verify the provided information on site and convene meetings with the relevant parties . the groups may also request the agency to take measures to facilitate the implementation of projects of common interest . the groups shall decide to send the request by simple majority of their members .


### within one month of the entry into force of this regulation , the entso for electricity and the entso for gas shall submit to the agency and the commission their respective methodology , including on network and market modelling , for a harmonised energy system - wide cost - benefit analysis at union - wide level for projects of common interest falling under the categories set out in points 1 to and 2 of annex ii . the methodology shall be elaborated in line with the principles laid down in annex v . ### within one month of the entry into force of this regulation , the entso for electricity and the entso for gas shall submit to the agency and the commission their respective methodology , including on network and market modelling , for a harmonised energy system - wide cost - benefit analysis at union - wide level in relevant development scenarios for projects of common interest falling under the categories set out in points 1 to and 2 of annex ii . the methodology shall be elaborated in line with the principles laid down in annex v .


### the methodology shall be applied to the cost - benefit analysis under all subsequent ten - year network development plans for electricity or gas developed by the entsos for electricity or gas pursuant article 8 of regulation 714 / 2009 and regulation 715 / 2009 . ### the methodology shall be applied to the cost - benefit analysis under all subsequent ten - year network development plans for electricity or gas developed by the entsos for electricity or gas pursuant article 8 of regulation 714 / 2009 and regulation 715 / 2009 , and the main results of the cost - benefit analysis in relevant scenarios must be included in the consultation process and final reporting of the ten - year network development plans .


### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 . ### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks cannot be avoided by best practice design of national regulatory frameworks pursuant to paragraph 4 and are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 .


### the decision of the national regulatory authorities for granting such incentives shall consider the results of the cost - benefit analysis on the basis of the methodology elaborated pursuant to article 12 and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , risks related to under - recovery of costs and development risks . ### the decision of the national regulatory authorities for granting such incentives shall consider the results of the cost - benefit analysis on the basis of the methodology elaborated pursuant to article 12 and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , and development risks .


### rules for providing additional return on the capital invested for the project ; or ### rules for providing additional return or addressing risks on the capital invested for the project ; or


### the funds engaged and disbursed by the union for projects of common interest in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , compared to the total value of funded projects of common interest ; ### the funds engaged and disbursed by the union for projects of common interest in accordance with , on the one hand , the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] and , on the other hand , the structural funds , compared to the total value of funded projects of common interest ;


### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should favour an informed engagement of citizens and civil society on research and innovation matters by promoting science education , by making scientific knowledge more accessible , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities . ### with the aim of deepening the relationship between science and society horizon 2020 should : promote active participation and informed engagement of citizens , civil society and societal actors in the research and innovation process ; ensure the uptake of the gender dimension ; promote excellent science education ; guarantee the respect of ethical legislation and promoting the emergence of and adherence to the highest ethical standards worldwide ; increase the accessibility and re - use of the results of publicly funded research , in particular scientific publications and data ; develop responsible research and innovation and governance framework agendas that meet citizens ' and civil society ' s concerns and expectations and by reinforcing their participation in the setting of research priorities of horizon 2020 activities .


### full account shall also be taken of relevant aspects of the research and innovation agendas established by european technology platforms , joint programming initiatives and european innovation partnerships . ### full account shall also be taken of relevant aspects of the research and innovation agendas established by european technology platforms , joint programming initiatives and european innovation partnerships , provided that these agendas have been drafted in consultation with a wide range of experts and stakeholders .


### implementing the international dimension of the ' europe 2020 ' strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the ' europe 2020 ' policies and objectives by key partner countries ; ### implementing the international dimension of the ' europe 2020 ' strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches to preserve global public goods and responses to challenges of global concern such as climate change and environmental degradation , energy security beyond fossile and bio fuels or nuclear , access to food , natural resources and , raw materials , as well as jobs and gender equality , global political and economic stability and justice . this objective shall be measured by the uptake of the ' europe 2020 ' policies and objectives by key partner countries ;


### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote union ' s values and interests . this objective may be measured , inter alia , by opinion surveys or evaluations . ### enhancing international cooperation and widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , people to people contacts , education / academic cooperation and outreach activities to promote union ' s values and interests as defined in article 21 of the treaty on the european union . this objective may be measured , inter alia , by opinion surveys or evaluations .


### the union seeks to promote , develop and consolidate the principles of liberty , democracy , respect for human rights and fundamental freedoms and the rule of law on which it is founded by means of dialogue and cooperation with third countries . ### the union seeks to promote , develop and consolidate the principles of peace , liberty , democracy , gender equality , respect for human rights and fundamental freedoms and the rule of law on which it is founded by means of dialogue and cooperation with third countries .


### the stability and growth pact , in particular regulations no 1466 / 97 of 7 july 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and council regulation no 1467 / 97 of 7 july 1997 on speeding up and clarifying the implementation of the excessive deficit procedure , designed to secure budgetary discipline across the union , sets out the framework for preventing and correcting excessive government deficits . it has been further strengthened by regulation no … / 2011 of the european parliament and of the council amending regulation no 1466 / 97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and regulation no … / 2011 amending regulation no 1467 / 97 on speeding up and clarifying the implementation of the excessive deficit procedure . regulation no … / 2011 of the european parliament and of the council on the effective enforcement of budgetary surveillance in the euro area added a system of effective , preventive and gradual enforcement mechanisms in the form of financial sanctions for the member states whose currency is the euro . ### the stability and growth pact , in particular regulations no 1466 / 97 of 7 july 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and council regulation no 1467 / 97 of 7 july 1997 on speeding up and clarifying the implementation of the excessive deficit procedure , aiming at securing budgetary discipline across the union , sets out the framework for preventing and correcting excessive government deficits . it has been further strengthened by regulation no . . . / 2011 of the european parliament and of the council amending regulation no 1466 / 97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and regulation no . . . / 2011 amending regulation no 1467 / 97 on speeding up and clarifying the implementation of the excessive deficit procedure . regulation no . . . / 2011 of the european parliament and of the council on the effective enforcement of budgetary surveillance in the euro area added a system of effective , preventive and gradual enforcement mechanisms in the form of financial sanctions for the member states whose currency is the euro .


### the treaty allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all member states in order to ensure the proper functioning of the economic and monetary union . ### the treaty allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all member states in order to ensure the proper functioning of the economic and monetary union . more active use , whenever appropriate and necessary , should be made of specific measures provided for in article 136 and articles 326 to 334 tfeu in order to create the necessary conditions for a deeper and more resilient integration which should go hand in hand with enhanced democratic legitimacy of the economic and monetary union .


### setting - up a common budgetary timeline for member states whose currency is the euro should better synchronize the key steps in the preparation of national budgets , thus contributing to the effectiveness of the european semester for budgetary policy coordination . adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among member states whose currency is the euro and ensure that the council and commission recommendations are appropriately integrated in the national process for budget adoption . ### setting - up a common budgetary timeline for member states whose currency is the euro should better synchronize the key steps in the preparation of national budgets and sovereign debt issuance , thus contributing to the effectiveness of the european semester for budgetary policy coordination . adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among member states whose currency is the euro and ensure that the council and commission recommendations based on articles 121 and 126 tfeu are appropriately integrated in the national process for budget adoption .


### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts . ### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning , generate substantial and avoidable costs and consequently impair commitment to budgetary discipline . forecasts from independent bodies should help providing unbiased and realistic macroeconomic forecasts . underlying models and assumptions should be disclosed in order to increase transparency and scrutiny .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro generate or are affected by spill - over effects from their budgetary and macroeconomic policy . spill - over effects should therefore be identified and addressed within the framework of country - specific surveillance procedures as well as in the overall assessment of the budgetary situation and prospects in the euro area as a whole . the assessment shall identify , on a country - by - country basis , potential negative spill - over effects on the sustainability of public finances of the member states generated by its private sector or by other member states . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spill - over effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary and more broadly their economic policy plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary and more broadly their economic policy plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup and the european parliament should discuss the budgetary situation and prospects for the euro area .


### member states whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a full and timely correction of the excessive deficit . a closer monitoring should ensure early correction of any deviations from the council recommendations to correct the excessive deficit . such monitoring should complement the provisions set out in regulation no 1467 / 97 . the modalities of this closer monitoring should be graduated depending on the stage of the procedure the member state is subject to , as provided for in article 126 of the treaty . ### member states whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a full and timely correction of the excessive deficit . a closer monitoring should ensure early prevention and correction of any deviations from the council recommendations to correct the excessive deficit . such monitoring should complement the provisions set out in regulation no 1467 / 97 . the modalities of this closer monitoring should be graduated depending on the stage of the procedure the member state is subject to , as provided for in article 126 of the treaty .


### this regulation sets out provisions for enhanced monitoring of budgetary policies in the euro area by : ### this regulation sets out provisions for enhanced monitoring of budgetary and economic policies in the euro area as well as provision for establishing enhanced economic policy coordination framework required for the common issuance of sovereign debt instruments by :


### a detailed description and a well - documented quantification of the measures to be included in the budget for the year to come in order to bridge the gap between the targets referred to in point and the projections at unchanged policies provided in accordance with point . the description may be less detailed for measures with a budgetary impact estimated to be lower than 0 . 1% of gdp . particular attention shall be paid to major fiscal policy reform plans with potential spillover effects for other member states whose currency is the euro . ### a detailed description and a well - documented quantification of the measures to be included in the budget for the year to come in order to bridge the gap between the targets referred to in point and the projections at unchanged policies provided in accordance with point . the description may be less detailed for measures with a budgetary impact estimated to be lower than 0 . 1% of gdp . particular and explicit attention shall be paid to major fiscal policy reform plans with potential spill - over effects for other member states whose currency is the euro ;


### where applicable , additional indications on how the current recommendations addressed to the member state concerned in accordance with article 121 of the treaty in the budgetary area will be met . ### where applicable , additional indications on how the current recommendations addressed to the member state concerned in accordance with article 121 and 148 of the treaty will be met in consistency with subparagraphs to .


### the commission shall specify the content of the draft budgetary plan referred to in paragraph 1 . ### the commission shall be empowered to adopt delegated acts in accordance with article 10b specifying the content of the draft budgetary plans referred to in paragraph 1 and the content of different provisions referred to in paragraphs 3 to 5a .


### the commission opinion shall be made public and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### the commission opinion referred to in paragraph 1 shall be made public and , at the request of the parliament of the member state concerned or the european parliament , shall be presented by the commission to the parliament concerned .


### the member state subject to closer monitoring shall without delay carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors . the financial risks associated to government - owned entities and government contracts shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit . the result of this assessment shall be included in the report submitted in accordance with article 3 or 5 of regulation no 1467 / 97 on action taken to correct the excessive deficit . ### the member state subject to closer monitoring shall without delay carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors . the financial risks associated to government - owned entities and government contracts , as defined in article 14 of council directive 2011 / 85 / eu , shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit . the result of this assessment shall be included in the report submitted in accordance with article 3 or 5 of regulation no 1467 / 97 on action taken to correct the excessive deficit . in the event of a severe economic downturn or significant downside correction of forecasts the member state will adopt an updated adjustment path towards the medium term budgetary objective to be agreed with the commission taking proper account of pro - cyclical effects of consolidation measures as well as reviewed forecasts .


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### member state shall report regularly to the commission and to the economic and financial committee , the employment committee and the euro working group or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary and redistributive impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , including sub - sectors and categories identified in article 5 as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . the commission shall be empowered to adopt delegated acts in accordance with article 10b specifying the content of the report referred to in this paragraph .


### within the timeframe set by the commission recommendation referred to in paragraph 2 , the member state concerned shall report to the commission on measures adopted in response to this recommendation together with the reports provided for in article 7 . the report shall include the budgetary impact of all discretionary measures taken , targets for the government expenditure and revenues , information on the measures adopted and the nature of those envisaged to achieve the targets , as well as information on the other actions being taken in response to the commission recommendation . the report shall be made public . ### within the timeframe set by the commission recommendation referred to in paragraph 2 , the member state concerned shall report to the commission on measures adopted in response to this recommendation together with the reports provided for in article 7 . the report shall include the budgetary and redistributive impact of all discretionary measures taken , targets for the government expenditure and revenues , information on the measures adopted and the nature of those envisaged to achieve the targets referred to in article 5 , as well as information on the other actions being taken in response to the commission recommendation . the report shall be made public .


### with the aim of simplifying and accelerating the type - approval legislation , a new regulatory approach has been introduced in eu vehicle type - approval legislation , under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the legislation of further technical details to the commission . with regard to substantive requirements , this regulation should therefore lay down only fundamental provisions on functional safety , and environmental performance and delegate to the commission the power to lay down the technical specifications . ### with the aim of simplifying and accelerating the type - approval legislation , a new regulatory approach has been introduced in eu vehicle type - approval legislation , under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the legislation of further technical details to the commission . with regard to substantive requirements , this regulation should therefore lay down only fundamental provisions on functional safety , and environmental performance and delegate to the commission the power to lay down the technical specifications . the provisions need to be adapted to the different types of vehicles and limited to appropriate safety requirement for type - approval of systems , components and separate technical units .


### cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0 . 25 kw , where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off as the vehicle reaches a speed of 25 km / h ; ### cycles with pedal assistance which are equipped with an auxiliary electric propulsion the output of which is cut off as the vehicle reaches a speed of 25 km / h , or sooner , if the cyclist stops pedalling ; such cycles shall not be considered to be motor vehicles ;


### self - balancing machines ; ### self - balancing machines with a maximum design speed of 25 km / h ; like cycles with pedal assistance excluded from the scope of this regulation under article 2 , such machines shall not be considered to be motor vehicles ;


### vehicles not equipped with at least one seating position . ### vehicles not equipped with at least one seating position with a maximum design speed of 25 km / h ; like cycles with pedal assistance excluded from the scope of this regulation under article 2 , such vehicles shall not be considered to be motor vehicles ;


### ‘ distributor’ means any natural or legal person in the supply chain , other than the manufacturer or the importer , who sells , registers or is responsible for the entry into service of a vehicle , system , component or separate technical unit on the union market ; ### ‘ distributor’ means any natural or legal person in the supply chain , other than the manufacturer or the importer , who makes a vehicle , system , component or separate technical unit available on the union market ;


### four years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . ### two years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . this requirement shall not apply to electrically - propelled vehicles and vehicles with auxiliary electric propulsion in subcategory l1be


### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this access shall be granted in a manner which is non - discriminatory compared to the access granted to authorised dealers and repairers . ### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this information shall be made available in a manner which is non - discriminatory compared to the repair and maintenance information provided to authorised dealers and repairers and to independent operators . vehicles shall be supplied with all information , special equipment and accessories essential to enable them to be adjusted , maintained and used safely .


### powered cycle primary aim to aid pedalling and vehicle equipped with an auxiliary propulsion and maximum design speed ≤ 25 km / h and output of auxiliary propulsion is progressively reduced and finally cut off as vehicle reaches a speed of 25 km / h and the auxiliary propulsion has a maximum continuous rated power ≤ 1 kw and powered three - wheel cycles complying with supplemental specific classification criteria , , and are classified as being technically equivalent to powered two - wheel cycles . ### low performance two - wheel or three - wheel vehicle maximum design speed ≤ 25 km / h the propulsion has a maximum continuous rated power ≤ 1 kw and powered three - wheel cycles complying with supplemental specific classification criteria and are classified as being technically equivalent to powered two - wheel cycles


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the basic legislative act should indicate for which measures the examination procedure should apply and for which measures the advisory procedure . the examination procedure should in principle apply for the adoption of measures of general scope designed to implement basic acts . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , or if a majority objects to them , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee .


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should be promptly and fully informed in an equal manner of committee proceedings as soon as relevant documents are available .


### in such a case the commission shall immediately inform the committee of its reasons for adopting the measures and may submit them to a second deliberation of the committee . if the measures adopted are not in accordance with the second opinion of the committee , or if the measures have not been submitted to a second deliberation within a month after their adoption , the commission shall repeal the measures forthwith . if the measures are in accordance with the second opinion of the committee , or if no opinion is delivered , those measures shall remain in force . ### in such a case the commission shall immediately inform the committee of its reasons for adopting the measures and may submit them to a second deliberation of the committee . if the measures adopted are not in accordance with the second opinion of the committee , or if no opinion is delivered , but a majority as laid down in article 238 tfeu objects to the measure , or if the measures have not been submitted to a second deliberation within a month after their adoption , the commission shall repeal the measures forthwith . if the measures are in accordance with the second opinion of the committee , or if no opinion is delivered , and there is no majority as laid down in article 238 tfeu against the measure , those measures shall remain in force .


### the results of voting , ### the results of voting , including the position of each member state ,


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament and the council shall receive the information referred to in paragraph 1 as soon as such information is available .


### european political parties and their affiliated european political foundations , which wish to obtain recognition as such at the european level through a european legal status and to receive public funding from the general budget of the european union , should respect certain principles and fulfil certain conditions . in particular , it is necessary for european political parties and their affiliated european political foundations to respect the values on which the european union is founded , as set out in article 2 of the treaty on european union and the charter of fundamental rights of the european union . ### european political parties and their affiliated european political foundations , which wish to obtain recognition as such at the european level through a european legal status and to receive public funding from the general budget of the european union , should respect certain principles and fulfil certain conditions . in particular , it is necessary for european political parties and their affiliated european political foundations to respect the values on which the european union is founded , as set out in article 2 of the treaty on european union and the charter of fundamental rights of the european union . in order to allow new formations to enter the political contest and thus contribute to a vibrant democratic life in the european union , as well as to ensure that a maximum number of party alliances fall under the transparency and supervision rules of this regulation , the threshold for registering a european political party should be easy to meet for formally well organised transnational political alliances , without the precondition of electoral success .


### principles and minimum requirements for the governance and internal organisation of european political parties should be laid down , in particular to ensure a commitment to and respect for high standards of internal party democracy . the statutes of a european political party or a european political foundation should also contain a series of basic administrative and legal provisions . ### principles and minimum requirements for the governance and internal organisation of european political parties should be laid down , in particular to ensure a commitment to and respect for high standards of internal party democracy , especially concerning the procedures for the selection of candidates and composition of electoral lists for the elections to the european parliament through their constituent member parties . the statutes of a european political party or a european political foundation should also contain a series of basic administrative and legal provisions .


### eligibility for funding from the general budget of the european union should be limited to european political parties and their affiliated european political foundations that have been recognised as such and obtained a european legal status . while it is crucial to ensure that the conditions to become a european political party are not excessive but can be readily met by organised and serious transnational alliances of political parties or natural persons or both , it is also necessary to establish proportionate criteria in order to allocate limited resources from the eu budget , which objectively demonstrate the european ambition and genuine electoral support of a european political party . such a criterion is best based on the outcome of elections to the european parliament , in which the european political parties are required to participate under this regulation , providing a precise indication of the electoral recognition of a european political party . it should reflect the role the european parliament has of directly representing the union ' s citizens , assigned to it by article 10 of the treaty on european union , as well as the objective for european political parties to participate fully in the democratic life of the union and to become active actors of europe ' s representative democracy , in order to effectively express the views , opinions and political will of the citizens of the union . eligibility for funding from the general budget of the european union should therefore be limited to european political parties which are represented in the european parliament by at least one of their members and to european political foundations which apply through a european political party that is represented in the european parliament by at least one of its members . ### eligibility for funding from the general budget of the european union should be limited to european political parties and their affiliated european political foundations that have been recognised as such and obtained a european legal status . while it is crucial to ensure that the conditions to become a european political party are not excessive but can be readily met by organised and serious transnational alliances of political parties or natural persons or both , it is also necessary to establish proportionate criteria in order to allocate limited resources from the eu budget , which objectively demonstrate the european ambition and genuine electoral support of a european political party . such a criterion is best based on the outcome of elections to the european parliament , in which the european political parties are required to participate under this regulation , providing a precise indication of the electoral recognition of a european political party . it should reflect the role the european parliament has of directly representing the union ' s citizens , assigned to it by article 10 of the treaty on european union , as well as the objective for european political parties to participate fully in the democratic life of the union and to become active actors of europe ' s representative democracy , in order to effectively express the views , opinions and political will of the citizens of the union . eligibility for funding from the general budget of the european union should therefore be limited to european political parties which are represented in the european parliament by at least one of their members or have obtained a minimum level of electoral support across a significant number of member states at the most recent elections to the european parliament and to european political foundations which apply through a european political party that is represented in the european parliament by at least one of its members .


### it must be represented , in at least one quarter of the member states , by members of the european parliament or in the national parliaments , regional parliaments or regional assemblies , or ### it must consist of member organisations that are legally recognised as national and / or regional parties in at least one quarter of the member states ,


### regulation of the european parliament and of the council on guidelines for trans - european telecommunications networks and repealing decision no 1336 / 97 / ec ### regulation of the european parliament and of the council on guidelines for trans - european digital networks and repealing decision no 1336 / 97 / ec


### with regard to digital service infrastructures , building blocks shall take priority over other digital service infrastructures , since the former are a pre - condition for the later . digital service infrastructures should , inter alia , create european added value and meet proven needs . they should be sufficiently mature for deployment , technically as well as operationally as proven in particular through successful piloting . they should be based on a concrete sustainability plan to ensure the long - term operation of core service platforms beyond the cef . financial assistance under this regulation should therefore wherever possible be phased out over time and funding from sources other than the cef should be mobilised . ### with regard to digital service infrastructures , building blocks and digital services infrastructures with elements that can be used by other service providers shall take priority over other digital service infrastructures , since the former provides a basis for the later to build on . digital service infrastructures should , inter alia , create european added value and meet proven needs . they should be sufficiently mature for deployment , technically as well as operationally as proven in particular through successful piloting . they should be based on a concrete sustainability plan to ensure the long - term operation of core service platforms beyond the cef . financial assistance under this regulation should therefore wherever possible be phased out over time and funding from sources other than the cef should be mobilised .


### the digital agenda for europe stipulates that by 2020 all europeans should have access to internet speeds of above 30 mbps and 50% or more of european households should subscribe to internet connections above 100 mbps . ### the digital agenda for europe stipulates that by 2020 all europeans should have access to internet speeds of above 30 mbps and 50% or more of european households should subscribe to internet connections above 100 mbps . however , given the rapid evolution of technologies that lead to ever faster internet connexions , it is appropriate today , for all union households , to target internet connections above 100 mbps with 50% of the households having access to 1 gbps .


### this regulation lays down guidelines for the timely deployment and interoperability of projects of common interest in the field of trans - european telecommunications networks . ### this regulation lays down guidelines for the timely deployment and interoperability of projects of common interest in the field of trans - european digital networks .


### ' telecommunication networks ' means broadband networks and digital service infrastructures . ### telecommunication networks : broadband networks and infrastructures for digital services .


### ' broadband networks ' means wired and wireless access networks , ancillary infrastructure and core networks capable of delivering very high speed connectivity , thereby contributing to the broadband targets of the digital agenda for europe . ### ' broadband networks ' means wired and wireless access networks , ancillary infrastructure and core networks capable of delivering very high speed connectivity , thereby contributing to the broadband targets of 100 mbps and 1gbps where possible and above .


### improvements in the daily life for citizens , businesses and governments through the promotion of interconnection and interoperability of national , regional and local telecommunications networks as well as access to such networks . ### improvements in the daily life for citizens , businesses and governments at every level through the promotion of broadband networks , interconnection and interoperability of national , regional and local telecommunications networks as well as open and non - discriminatory access to such networks and digital inclusion , bearing in mind that the more sparsely populated and less developed regions must be included in and served with connections . in order to complete the single digital market , close cooperation and coordination of activities under the connecting europe facility programme with the national and regional broadband actions shall be ensured .


### building blocks essential for , and with demonstrable prospects of being used in , the development , deployment and operation of other digital service infrastructures as listed in the annex shall be given first priority for funding . ### building blocks and mature digital service infrastructures containing technical models with demonstrable prospects of being used in the development , deployment and operation of other digital service infrastructures listed in the annex shall be given first priority for funding .


### second priority shall be given to digital service infrastructures in support of specific provisions of eu legislation and based on existing building blocks . ### priority shall be given also to other digital service infrastructures as listed in the annex .


### make a significant contribution to the realisation of the targets of the digital agenda for europe . ### make a significant contribution to the realisation of broadband targets of 100mbps and 1gbps where possible and above .


### deploy state of the art technology and / or be based on innovative business models , and have a high potential for replicability . ### propose the best balance between state of the art technologies in terms of data flow capacity , transmission security , network resilience , and cost efficiency .


### the union may establish contacts , discuss , exchange information and cooperate with public authorities or any other organisations in third countries to achieve any objective pursued by these guidelines . among other objectives , this cooperation shall seek to promote the interoperability between telecommunications networks in the union and telecommunications networks of third countries . ### the union may establish contacts , discuss , exchange information and cooperate with public authorities or any other organisations in third countries to achieve any objective pursued by these guidelines . among other objectives , this cooperation shall seek to promote the interoperability between digital networks in the union and digital networks of third countries .


### interventions in the area of digital service infrastructure generally rely on a two - layer architecture approach : core service platforms and generic services . as the core service platform is a pre - condition for establishing a digital service infrastructure , the support to core service platforms and their common building blocks shall take priority over generic services . ### interventions in the area of digital service infrastructure generally rely on a two - layer architecture approach : core service platforms and generic services .


### the core service platforms and their common building blocks address interoperability and security needs of projects of common interest . they are intended to enable digital interactions between public authorities and citizens , public authorities and businesses and organisations , or among public authorities of different member states through standardised , cross - border , and user - friendly interaction platforms . building block digital service infrastructures shall take priority over other digital service infrastructures , since the former are a pre - condition for the latter . the generic services provide the connection to the core service platforms and enable the national added value services to use the core service platforms . they provide gateways between national services and core service platforms and allow national public authorities and organisations , businesses and / or citizens to access the core service platform for their cross - border transactions . the quality of the services and the support for stakeholders involved in cross - border transactions shall be assured . they shall support and stimulate take - up of core service platforms . ### the core service platforms address interoperability and security needs of projects of common interest . they are intended to enable digital interactions between public authorities and citizens , public authorities and businesses and organisations , or among public authorities of different member states through standardised , cross - border , and user - friendly interaction platforms . digital service infrastructures that provide an integral part of other digital service infrastructures , or that can serve as a model for new platforms , shall take priority over other digital service infrastructures . the generic services provide the connection to the core service platforms and enable the national added value services to use the core service platforms . they provide gateways between national services and core service platforms and allow national public authorities and organisations , businesses and / or citizens to access the core service platform for their cross - border transactions . the quality of the services and the support for stakeholders involved in cross - border transactions shall be assured . they shall support and stimulate take - up of core service platforms .


### other digital service infrastructures a priori identified as eligible in accordance with article 6 . 1 : ### other digital service infrastructures a priori identified as eligible in accordance with article 6 . 1 and 6 . 3 :


### access to digital resources of european heritage : this refers to the core service platform based on the current europeana portal . the platform will provide a single access point to europeana cultural heritage content at item level , a set of interface specifications to interact with the infrastructure , support for the metadata adaptation and ingestion of new content , as well as information on conditions for reuse of the content accessible through the infrastructure . ### access to digital resources of european heritage : this refers to the core service platform based on the current europeana portal . the platform provides the central access point to europeana cultural heritage content at item level , a set of interface specifications to interact with the infrastructure , support for the metadata adaptation and ingestion of new content , as well as information on conditions for reuse of the content accessible through the infrastructure .


### all projects financially supported under this regulation shall significantly contribute to the achievement of the targets of the digital agenda for europe . ### all projects financially supported under this regulation shall significantly contribute to the achievement of 100mbps and 1gbps and above where possible .


### be based on state - of - the art technology , either wired or wireless , capable of delivering very high - speed broadband services , thus meeting demand for applications which require high bandwidth , or ### be based on state - of - the art technology , either wired or wireless , capable of delivering very high - speed broadband services of speeds to at least 100 mbps , thus meeting demand for applications which require high bandwidth , or


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collective management organisations , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collective management organisations lead to inefficiencies and inequities in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders , users and consumers alike .


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


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


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members , representing different categories of rightholders , to be represented in the body that exercises this function .


### 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 society , or another society . it is therefore important that collective management organisations exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collective management organisations 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 collective management 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 organisations ' 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 collective management organisation to act prudently , while allowing the collective management organisation to decide on the most secure and efficient investment policy . 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 .


### 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 . ### 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 , without abusing its market power . the development of legal online music services across the union should also contribute to a decrease in unauthorized copying of music .


### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end . ### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collective management organisations who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions or measures are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end .


### ‘ member of a collecting society’ means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ' member ' means a rightholder or an entity directly representing rightholders , including other collective management organisations and associations of rightholders , fulfilling the membership requirements of the collective management organisation , regardless of its legal form ;


### ‘ rights revenue’ means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ‘ rights revenue’ means income collected by a collective management organisation on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation , and including any income derived from the investments of rights revenue ;


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


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights , works or type of works and other subject matter which that rightholder authorises the collective management organisation to manage and that any such consent is evidenced in documentary form .


### 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 . ### collecting societies 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 collecting society and shall be made publicly available .


### 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 directors , monitor their general performance 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 balanced representation of the different categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation .


### the collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account , save that it may deduct its management fees . ### the collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account , save that it may deduct its management fees according to the rules referred to in article 7 .


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


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , the collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud . such measures shall include verifying membership records and making available regularly and at least annually to the members of the collective management organisation as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located .


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


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


### member states shall ensure that a collecting society makes public the following information : ### member states shall ensure that a collective management organisation makes public the following information preferably through publicly accessible and searchable interfaces :


### a collecting society shall monitor the use of online rights in musical works which it represents , in whole or in part , by online music service providers to which it has granted a multi - territorial licence for those rights . ### a collecting society shall agree with the online music service provider on the provision of information regarding the use of online rights in musical works which it represents , in whole or in part , by online music service providers to which it has granted a multi - territorial licence for those rights .


### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a reasonable profit margin . ### the management fee for the service provided by the requested collective management organisation to the requesting organisation shall not exceed the costs reasonably incurred by the requested collective management organisation in managing the repertoire of the requesting organisation and a reasonable profit margin economically viable for all parties involved .


### member states shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions , tariffs , and any refusal to grant a licence can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body . ### member states shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions , tariffs , the calculation of tariffs , and any refusal to grant a licence can be submitted to an independent and impartial dispute resolution body .


### to facilitate enforcement , relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the directive . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . ### to facilitate enforcement , relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the directive . this is considered necessary to address situations where seasonal workers or employers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences .


### in order to further improve road safety , the communication ‘ ecall : time for deployment’6 proposes new measures to accelerate the deployment of an in - vehicle emergency call service in the union . one of the suggested measures is to make mandatory the fitting of ecall in - vehicle systems in all new vehicles starting with m1 and n1 vehicle categories as defined in annex ii to directive 2007 / 46 / ec . __________________ 6 com 434 final . ### in order to further improve road safety , the communication ‘ ecall : time for deployment’6 proposes new measures to deploy an in - vehicle emergency call service in the union , without neglecting the principle of technology neutrality . one of the suggested measures is to make mandatory the fitting of ecall in - vehicle systems in all new vehicles starting with m1 and n1 vehicle categories as defined in annex ii to directive 2007 / 46 / ec . __________________ 6 com 434 final .


### the power to adopt delegated acts referred to in article 5 , article 6 and in article 8 shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in article 5 and in article 8 shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] .


### as fish stocks are shared resources , their sustainable and efficient exploitation can , in certain instances , be better achieved by organisations composed of members from different member states . therefore it is necessary to foresee also the possibility for the setting up of transnational producer organisations and associations of producer organisations , which remain subject to competition rules as foreseen in the present regulation . ### as fish stocks are shared resources , their sustainable and efficient exploitation can , in certain instances , be better achieved by organisations composed of members from different member states . therefore it is necessary to foresee also the possibility for the setting up of transnational producer organisations and associations of producer organisations , which remain subject to competition rules as foreseen in the present regulation and which respect the need to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited .