### horizon 2020 shall play a central role in the delivery of the europe 2020 strategy for smart , sustainable and inclusive growth by providing a common strategic framework for the union ' s research and innovation funding , thus acting as a vehicle for leveraging private investment , creating new job opportunities and ensuring europe ' s long - term sustainable growth and competitiveness . ### horizon 2020 shall play a central role in the delivery of the europe 2020 strategy for smart , sustainable and inclusive growth by providing a common strategic framework for the union ' s research and innovation funding , thus acting as a vehicle for leveraging public and private investment , creating new job opportunities , promoting economic , social and territorial cohesion and ensuring europe ' s long - term sustainable growth and competitiveness .


### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , and to enhancing the attractiveness of the research profession and to facilitating cross - border and cross - sector mobility of researchers . ### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , and to enhancing the attractiveness of the research profession , enabling research and innovation activities to be carried out also at smaller local and regional research centres , and to facilitate cross - border and cross - sector mobility of researchers .


### horizon 2020 may be implemented through public - private partnerships where all the partners concerned commit to support the development and implementation of research and innovation activities of strategic importance to the union ' s competitiveness and industrial leadership or to address specific societal challenges . ### horizon 2020 may be implemented through public - private partnerships where all the partners concerned commit to support the development and implementation of research and innovation activities of strategic importance to the union ' s competitiveness and industrial leadership or to address specific societal challenges . this should be achieved by supporting networks , cooperation and exchanges of experience between regions , towns and other stakeholders , including cultural , scientific and research institutions .


### particular attention shall be paid to joint programming initiatives between member states . ### particular attention shall be paid to joint programming initiatives between member states , in which european union regions and towns may participate , where appropriate .


### union participation in programmes undertaken by several member states in accordance with article 185 tfeu . ### union participation in programmes undertaken by several member states in accordance with article 185 tfeu , with the involvement of local and regional authorities .


### applying design and the development of converging technologies to create new business opportunities , including the preservation of materials with historical or cultural value . ### applying design and the development of converging technologies to create new business opportunities . assessing and understanding the mechanisms whereby the cultural heritage is damaged . developing advanced methods and technologies for the purpose of protecting and preserving the cultural heritage . ensuring the inclusion and rational management of the cultural heritage at historical sites and in towns .


### the sustainable supply and resource efficient management of raw materials , including their exploration , extraction , processing , re - use , recycling and substitution , is essential for the functioning of modern societies and their economies . european sectors , such as construction , chemicals , automotive , aerospace , machinery and equipment , which provide a total added value of some eur 1 . 3 trillion and employment for approximately 30 million people , heavily depend on access to raw materials . however , the supply of raw materials to the union is coming under increasing pressure . furthermore , the union is highly dependent on imports of strategically important raw materials , which are being affected at an alarming rate by market distortions . moreover , the union still has valuable mineral deposits , whose exploration and extraction is limited by a lack of adequate technologies and hampered by increased global competition . given the importance of raw materials for european competitiveness , the economy and for their application in innovative products , the sustainable supply and resource efficient management of raw materials is a vital priority for the union . ### the sustainable supply and resource efficient management of raw materials , including their exploration , extraction , processing , re - use , recycling and substitution , is essential for the functioning of modern societies and their economies . european sectors , such as construction , chemicals , automotive , aerospace , machinery and equipment , which provide a total added value of some eur 1 . 3 trillion and employment for approximately 30 million people , heavily depend on access to raw materials . however , the supply of raw materials to the union is coming under increasing pressure . the union has valuable mineral deposits , whose exploration and extraction is limited by a lack of adequate technologies and transport infrastructure . given the importance of raw materials for european competitiveness , the economy and for their application in innovative products , the sustainable supply and resource efficient management of raw materials is a vital priority for the union . access to european raw materials sources , often located in geographically remote areas , continues to be a challenge for industries dependent on a secure supply of such raw materials . furthermore , the union is highly dependent on imports of strategically important raw materials , which are being affected at an alarming rate by market distortions .


### the aim is to improve the knowledge base on raw materials and develop innovative solutions for the cost - effective and environmentally friendly exploration , extraction , processing , recycling and recovery of raw materials and for their substitution by economically attractive alternatives with a lower environmental impact . activities shall focus on : improving the knowledge base on the availability of raw materials ; promoting the sustainable supply and use of raw materials ; finding alternatives for critical raw materials ; and improving societal awareness and skills on raw materials . ### the aim is to improve the knowledge base on raw materials and develop innovative solutions for the cost - effective and environmentally friendly exploration , extraction , processing , recycling and recovery of raw materials and for their substitution by economically attractive alternatives with a lower environmental impact . activities shall focus on : improving the knowledge base on the availability of raw materials ; promoting the sustainable supply and use of raw materials ; finding alternatives for critical raw materials ; improving societal awareness and skills on raw materials ; establishing and stimulating regional and national raw material clusters ; addressing logistical challenges in connecting industries with raw materials sources .


### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member . ### the natural persons in charge of alternative dispute resolution should only be considered independent and impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member . conflicts of interest may also arise when the person taking the decision of the person in charge of the adr scheme is currently employed by , or has been employed in the past 3 years by , for example , a party to the dispute ; a representative body related to one of the parties ; or any other enterprise or representative body related to the industry in which the parties to the dispute operate .


### the adr procedure is easily accessible to both parties irrespective of where the party is situated ; ### the adr procedure is available and accessible both online and offline irrespective of where the parties are situated ;


### the parties have the possibility to express their point of view and hear the arguments and facts put forward by the other party and any experts ' statements ; ### allow the parties have the possibility to express their point of view , be provided with and comment upon the arguments and facts put forward by the other party , including any statements and opinions given by experts ;


### in order to achieve the objectives of this regulation it is necessary to pursue a differentiated and flexible approach by developing models for cooperation with key partner countries which take into account their economic , social and political contexts and also the union’s specific interests , policy priorities and strategies , whilst maintaining the ability to intervene all over the world wherever needed . ### in order to achieve the objectives of this regulation it is necessary to pursue a differentiated and flexible approach by developing models for cooperation with key partner countries and principles of good governance which prevent corruption and which take into account their economic , social and political contexts and also the union’s specific interests , policy priorities and strategies , whilst maintaining the ability to intervene all over the world wherever needed .


### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote mutual interests , based on respect for all human rights , promoting shared values and interest and the principle of mutual accountability . the partnership instrument shall support measures that respond in an effective , transparent and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address , on the basis of mutual respect , challenges of global concern .


### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; 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 &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ; ### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting the union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing principles of good governance and collective approaches and responses to challenges of global concern such as the promotion of social cohesion , secure and sustainable energy and energy efficiency , climate change and , job creation , food security , poverty eradication and environmental protection , as well as sustainable management of biodiversity and ecosystems ; this objective shall be measured by &#8220 ; europe 2020&#8221 ; policies and partner country priorities ;


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and by business and legal and taxation regulatory cooperation , in order to create fertile ground for the enhancement of competitiveness and development , and according to international standards on corporate social responsibility . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; blending facilities shall be subject to mechanisms , monitoring and impact studies that include the social cohesion and fight against inequalities dimension ;


### 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 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 . 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 liberty , democracy , respect for human rights and fundamental freedoms , rule of law and good governance , alongside inclusive and sustainable growth on which it is founded , by means of dialogue and cooperation with third countries .


### to enhance the impact of the union’s assistance , a differentiated and flexible approach shall be pursued , where appropriate , in designing cooperation with partner countries to take account of their economic , social and political contexts as and also of the union’s specific interests , policy priorities and strategies . ### to enhance the impact of the union’s assistance , a differentiated , flexible and targeted approach shall be pursued , where appropriate , in designing cooperation with partner countries to take account of their economic , social and political contexts , the requirement for good administrative and tax governance , as and also of the union’s specific interests , policy priorities and strategies ; bilateral cooperation with mics should pay special attention to the fight against inequalities by targeting aid by sector , activities , beneficiaries or specific geographic areas in a country .


### within their respective spheres of competence , the union and the member states shall promote a multilateral approach to global challenges and shall foster cooperation with international or regional organisations and bodies , including international financial institutions , united nations agencies , funds and programmes , oecd , and the group of twenty finance ministers and central bank governors and other bilateral donors . ### within their respective spheres of competence , the union and the member states shall promote a coherent multilateral approach to global challenges and shall foster cooperation with international or regional organisations and bodies , including international financial institutions , united nations agencies , funds and programmes , oecd , and the group of twenty finance ministers and central bank governors and other bilateral donors .


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation , the union shall aim to ensure policy coherence for development , complementarity , more effectiveness and impact , and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union policies when formulating policy , strategic planning and programming and implementing measures .


### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and shall also relate to areas linked to the union ' s specific interests , policy priorities and strategies . ### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and shall also relate to areas linked to mutual policy priorities and strategies of interest to the union and the partner country concerned .


### 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 , 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 . regulation no 1175 / 2011 , moreover , lays down the elements that constitute the european semester for economic policy coordination .


### strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible . member states should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies . ### strong public finances and coordinated economic policies are best ensured at the planning stage and gross errors should be identified as early as possible . member states should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary and macroeconomic policies .


### this gradually strengthened surveillance will further complement the existing provisions of the stability and growth pact and strengthen the surveillance of budgetary discipline in member states whose currency is the euro . a gradually enhanced monitoring procedure should contribute to better budgetary outcomes to the benefit of all member states whose currency is the euro . as part of a gradually strengthened procedure , a closer monitoring is particularly valuable to member states that are subject to an excessive deficit procedure . ### this gradually strengthened surveillance and coordination will further complete the european semester for economic policy coordination , complement the existing provisions of the stability and growth pact and strengthen the surveillance of budgetary soundness and economic convergence in member states whose currency is the euro . a gradually enhanced monitoring procedure should contribute to better budgetary and economic outcomes to the benefit of all member states whose currency is the euro . as part of a gradually strengthened procedure , a closer monitoring is particularly valuable to member states that are subject to an excessive deficit procedure .


### 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 . ### member states whose currency is the euro share enhanced spillovers from their budgetary and economic policies . 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 economic and 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 and economic 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 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 economic and 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 economic and budgetary area . in the same context , the commission should ensure that member states ' commitments within the framework of their national reform programmes , commitments made within the framework of economic partnership programmes , and any council recommendations within the macroeconomic imbalances procedure , are appropriately reflected in the draft national budget . 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 .


### 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 coherent , sustainable 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 or from the country - specific recommendations . 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 .


### the closer monitoring for member states subject to an excessive deficit procedure should allow the identification of risks in the compliance of a member state ' s deadline to correct the excessive deficit . in the event of such risks being identified , the commission should issue a recommendation to the member state for measures to be taken within a given timeframe that should be presented to the parliament of the member state concerned at its request . this assessment should allow rapid correction of any developments putting at risk the correction of the excessive deficit within the established deadline . assessment of compliance with this commission recommendation should be part of the continuous assessment made by the commission of effective action to correct an excessive deficit . when deciding whether effective action to correct the excessive deficit has been taken , the council should also base its decision on whether or not the member state complied with the commission recommendation . ### closer monitoring for member states subject to an excessive deficit procedure should be undertaken in the context of a economic partnership programme , under which the commission should invite the member state to carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors and to report regularly to the commission and to the economic and financial committee , 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 , and information on the measures adopted and the nature of those envisaged to achieve the targets .


### ' independent fiscal council ' means a body endowed with functional autonomy vis - &#224 ; - vis the fiscal authorities of the member state in charge of monitoring the implementation of national fiscal rules ; ### ' fiscal council ' means a credible independent body or a credible body endowed with functional autonomy vis - &#224 ; - vis the budgetary authorities of the member state in charge of monitoring the implementation of national fiscal rules ;


### ' independent macroeconomic forecasts ' means the macroeconomic and / or budgetary forecasts produced by an independent body or a body endowed with functional autonomy vis - à - vis the fiscal authorities of the member state ; ### ' credible and independent macroeconomic forecasts ' means the macroeconomic forecasts produced or endorsed by a credible and independent body or a body endowed with functional autonomy vis - à - vis the budgetary authorities of the member state whose credibility is certified by the commission . the commission shall ensure the comparability and coherence of the independent forecasts across member states ;


### member states shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium - term budgetary objective as defined in article 2a of regulation no 1466 / 97 . such rules shall cover the general government as a whole and be of binding , preferably constitutional , nature . ### member states shall have in place numerical fiscal rules that implement in the national budgetary processes their medium - term budgetary objective as defined in article 2a of regulation no 1466 / 97 including the specification of exceptional circumstances which may lead to temporary deviation from the medium - term budgetary objective or the adjustment path towards it . such rules shall cover the general government as a whole .


### the draft budgetary plan shall be made public at the same time . ### the draft budgetary plan shall be made public when submitted to the commission .


### when the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , the member state concerned shall be subject to paragraphs 2 to 5 of this article , until the abrogation of its excessive deficit procedure . ### for the monitoring of the partnership programme referred to in article - 7 the member state concerned may be asked to fulfil the requirements described in paragraphs 2 to 6 of this article , until the abrogation of its excessive deficit procedure .


### 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 may be asked by the commission to 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 contingent liabilities with potentially large impacts on public budgets , in accordance with 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 .


### carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions , aiming at assessing the reliability , completeness and accuracy of these public accounts for the purposes of the excessive defiocit procedure . in this context , the commission shall assess the quality of data reported by the member state concerned in accordance with regulation no 679 / 2010 ; ### carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions , aiming at assessing the reliability , completeness and accuracy of these public accounts for the purposes of the excessive deficit procedure . in this context , the commission shall assess the quality of data reported by the member state concerned in accordance with regulation no 479 / 2010 ;


### this directive reaffirms the acquis communautaire on the union right to compensation for harm caused by infringements of union competition law , particularly regarding standing and the definition of damage , as it has been stated in the case - law of the court of justice of the european union , and does not pre - empt any further development thereof . anyone who has suffered harm caused by an infringement can claim compensation for the actual loss , for the gain of which he has been deprived and payment of interest accruing from the time the harm occurred until compensation is paid . this right is recognised for any natural or legal person - consumers , undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking , and regardless of whether or not there has been a prior finding of an infringement by a competition authority . this directive should not require member states to introduce collective redress mechanisms for the enforcement of articles 101 and 102 of the treaty . ### this directive reaffirms the acquis communautaire on the union right to compensation for harm caused by infringements of union competition law , particularly regarding standing and the definition of damage , as it has been stated in the case - law of the court of justice of the european union , and does not pre - empt any further development thereof . anyone who has suffered harm caused by an infringement can claim compensation for the actual loss , for the gain of which he has been deprived and payment of interest accruing from the time the harm occurred until compensation is paid , without prejudice to the kind of interest recognised under national law . this right is recognised for any natural or legal person - consumers , undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking , and regardless of whether or not there has been a prior finding of an infringement by a competition authority .


### making a claim for damages , or the start of an investigation by a competition authority , entails a risk that the undertakings concerned may destroy or hide evidence that would be useful in substantiating an injured party’s claim for damages . to prevent the destruction of relevant evidence and to ensure that court orders requesting disclosure are complied with , courts should be able to impose sufficiently deterrent sanctions . insofar as parties to the proceedings are concerned , the risk of adverse inferences being drawn in the proceedings for damages can be a particularly effective sanction and can avoid delays . sanctions should also be available for non - compliance with obligations to protect confidential information and for abusive use of information obtained through disclosure . similarly , sanctions should be available if information obtained through access to the file of a competition authority in the exercise of one’s rights of defence in relation to investigations of that competition authority is used abusively in actions for damages . ### making a claim for damages , or the start of an investigation by a competition authority , entails a risk that the undertakings concerned may destroy or hide evidence that would be useful in substantiating an injured party’s claim for damages . to prevent the destruction of relevant evidence and to ensure that court orders requesting disclosure are complied with , courts should impose sufficiently and effectively deterrent sanctions . insofar as parties to the proceedings are concerned , the risk of adverse inferences being drawn in the proceedings for damages can be a particularly effective sanction and can avoid delays . sanctions should also be available for non - compliance with obligations to protect confidential information and for abusive use of information obtained through disclosure . similarly , sanctions should be available if information obtained through access to the file of a competition authority in the exercise of one’s rights of defence in relation to investigations of that competition authority is used abusively in actions for damages .


### member states shall ensure that injured parties can effectively exercise their claims for damages . ### member states shall ensure that injured parties can effectively exercise their claims for damages and obtain actual enforcement of redress .


### ‘ action for damages’ means an action under national law by which an injured party brings a claim for damages before a national court ; it may also cover actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court , where national law provides for this possibility ; ### ‘ action for damages’ means an action under national law by which an injured party brings individual or jointly a claim for damages before a national court ; it also covers actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court ;


### member states shall ensure that national courts can impose sanctions on parties , third parties and their legal representatives in the event of : ### member states shall ensure that national courts effectively impose sanctions on parties , third parties and their legal representatives in the event of :


### the destroying party knew that the evidence was of relevance to pending or prospective actions for damages brought by it or against it ; ### the destroying party knew or could reasonably have inferred that the evidence was of relevance to pending or prospective actions for damages brought by it or against it ;


### member states shall ensure that the court has the power to estimate which share of that overcharge was passed on . ### member states shall ensure that the court has the power to estimate which share of that overcharge was passed on . the courts should be assisted in this rather complex task by clear , simple , comprehensible , easily applicable and sufficiently updated guidance issued by the commission .


### the commission shall review this directive and report to the european parliament and the council by [ . . . ] at the latest [ to be calculated as 5 years after the date set as the deadline for transposition of this directive . ] ### the commission shall review this directive and report to the european parliament and the council by [ . . . ] at the latest [ to be calculated as 5 years after the date set as the deadline for transposition of this directive . ] the report shall be accompanied by a coherent post - implementation assessment of the functioning of collective redress and collective adr mechanisms within the competition sector , with particular evaluation of the essence of widening the application of such mechanisms in other sectors as well or establishing such a mechanism at eu level , to secure effective consumer protection and a balanced operation of the internal market .


### not all member states have provided for criminal sanctions for some forms of serious breaches of national legislation implementing directive 2003 / 6 / ec . these different approaches undermine the uniformity of conditions of operation in the internal market and may provide an incentive for persons to carry out market abuse in member states which do not provide for criminal sanctions for these offences . in addition , until now there has been no union - wide understanding on which conduct is considered to be such a serious breach . therefore , minimum rules concerning the definition of criminal offences committed by natural and legal persons and of sanctions should be set . common minimum rules would make it also possible to use more effective methods of investigation and effective cooperation within and between member states . convictions for market abuse offences under criminal law often result in extensive media coverage , which helps to deter potential offenders , as it draws public attention to the commitment of competent authorities to tackling market abuse . ### not all member states have provided for criminal sanctions for some forms of serious breaches of national legislation implementing directive 2003 / 6 / ec . these different approaches undermine the uniformity of conditions of operation in the internal market and may provide an incentive for persons to carry out market abuse in member states which do not provide for criminal sanctions for these offences . in addition , until now there has been no union - wide understanding on which conduct is considered to be such a serious breach . therefore , minimum rules concerning the definition of criminal offences committed by natural and legal persons and of sanctions should be set . common minimum rules would make it also possible to use more effective methods of investigation and effective cooperation within and between member states . in addition , the imposition of criminal sanctions for market abuse offences will have an increased deterrent effect on potential offenders .


### when in possession of inside information , using that information to acquire or dispose of financial instruments to which that information relates for one ' s own account or for the account of a third party . this also includes using inside information to cancel or amend an order concerning a financial instrument to which that information relates where that order was placed before entering into possession of that inside information ; or ### possessing inside information , and , while being aware of the nature of that information , using , that information directly or indirectly to acquire or dispose of , to recommend the acquisition or disposal of , or to induce another person to acquire or dispose of , financial instruments to which that information relates for one ' s own account or for the account of a third party . this also includes using inside information to cancel or amend an order concerning a financial instrument to which that information relates where that order was placed before entering into possession of that inside information and was effectively cancelled or amended ;


### disclosing inside information to any other person , unless such disclosure is made in the lawful course of the exercise of duties resulting from employment or profession . ### disclosing inside information to any other person while being aware of the nature of that information , unless such disclosure is made in the lawful course of the exercise of duties resulting from employment or profession ;


### an individual approval shall apply to a particular vehicle , whether it is unique or not . ### an individual approval shall apply to a particular vehicle , whether it is unique or not , and in particular to unique vehicles built by private individuals .


### maximum design speed ≤ 25 km / h and ### maximum design speed ≤ 35 km / h and


### the eu sustainable development strategy , launched by the european council in gothenburg in 2001 and renewed in june 2006 , seeks the continuous improvement of the quality of life for current and future generations . the eurostat monitoring report , which is published every two years , provides an objective statistical picture of progress , based on the eu set of sustainable development indicators . ### the eu sustainable development strategy , launched by the european council in gothenburg in 2001 and renewed in june 2006 , seeks the continuous improvement of the quality of life for current and future generations . the commission monitoring report , which is published every two years , provides an objective statistical picture of progress , based on the eu set of sustainable development indicators .


### ' national ' means the same as in article 2 of regulation no 763 / 2008 , where the territory is as defined in regulation no 1059 / 2003 in the version applicable at the reference time ; ### ' national ' refers to the territory of a member state according to regulation no 1059 / 2003 in the version applicable at the reference time ;


### ‘ usually resident population’ means all persons having their usual residence in a member state at the reference time ; ### ‘ usually resident population’ means all persons having their usual residence in a member state of the union at the reference time ;


### member states shall provide the commission with data on vital events at the reference time , regardless of the place where the events occurred . member states shall use the same population definition as for the data referred to in paragraph . ### member states shall provide the commission with data on vital events occurring in the reference period . member states shall use the same population definition as they use for the data referred to in paragraph 1 and shall cover the following variables : live births by sex , month of occurrence , live birth - order , mother ' s age , mother ' s year of birth , mother ' s country of birth , mother ' s country of citizenship and mother ' s region of residence ; deaths by age , sex , year of birth , region of residence , country of birth , country of citizenship and month of occurrence .


### member states shall use the same population definition for all national and regional levels as defined in article 2 and . ### member states shall use the same definition of population for all levels , as given in article 2 and .


### uniform conditions related to the breakdown of data referred to in paragraphs 1 and 2 , as well as to the frequency , deadlines and revisions of data , shall be adopted in accordance with the examination procedure referred to in article 9 . ### the commission shall adopt implementing acts laying down uniform conditions for the breakdown of data referred to in paragraphs 1 and 2 , as well as to the frequency , deadlines and revisions of data . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 9 . those uniform conditions shall , to the greatest extent possible , not place any additional budgetary or administrative burden on national or regional statistical authorities .


### for the purposes of qualified majority voting in the council , member states shall provide the commission with data on the total population at national level at the reference time , as referred to in article 2 , within 8 months from the end of the reference year . for the purposes of this article , member states shall not provide data on population at their place of legal or registered residence at the reference time . ### member states shall provide the commission with data on the total population at national level at the reference time , as referred to in article 2 , within 8 months from the end of the reference year . for the purposes of this article , member states shall not provide data on population at their place of legal or registered residence at the reference time .


### the reference time for vital events data shall be the calendar year in which the events occurred . ### the reference period for vital events data shall be the calendar year in which the events occurred .


### the first reference time to be taken into account for the purposes of this regulation shall be 2013 . the last reference time shall be 2027 . ### the first reference period to be taken into account for the purposes of this regulation shall be 2013 . the last reference period shall be 2027 .


### member states shall ensure that the population data as required by of this regulation are consistent with those required by article 3 of regulation no 862 / 2007 . ### member states shall ensure that the population data as required by of this regulation are consistent with those required by article 3 , point , of regulation no 862 / 2007 .


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should , as early as possible , be kept informed of committee proceedings on a regular basis .


### 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 or its member - parties must be represented , in at least one quarter of the member states , by members of the european parliament , or by members of national parliaments or by members of regional parliaments or assemblies which are endowed with legislative powers and have been notified as such to the european parliament , or


### the european political party and the european political foundation shall have full legal recognition and capacity in all member states . ### the european political party and the european political foundation shall have full legal capacity in all member states .


### for matters not regulated by this regulation or , where matters are partly regulated by it , for those aspects not covered by it , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states . ### in matters that are not , or only partly , regulated by this regulation or the respective statutes , the european political party and the european political foundation shall be governed by the laws of the member state in which it has its seat . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states .


### the funding of european political parties and european political foundations from the general budget of the european union or from any other source shall not be used to finance national , regional or local referenda campaigns . ### the funding of european political parties and european political foundations from the general budget of the european union or from any other source shall not be used to finance national , regional or local referenda campaigns , except where the referenda deal with questions related to the european union .


### 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 commission should be assisted by an expert group of representatives of member states which shall be consulted on and contribute to , inter alia , monitoring of the implementation of these guidelines , planning , evaluation and addressing implementation problems . ### the commission should be assisted by an expert group of representatives of all member states which shall be consulted on and contribute to , inter alia , monitoring of the implementation of these guidelines , planning , evaluation and addressing implementation problems .


### 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 .


### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks . ### contribute to improvements in daily life for citizens , businesses and governments through the promotion of broadband networks , the interconnection and interoperability of local , regional and national telecommunication networks as well as non - discriminatory access to such networks and digital inclusion .


### 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 .


### a project of common interest may encompass its entire cycle , including feasibility studies , implementation , continuous operation , coordination and evaluation . ### a project of common interest may encompass its entire cycle , including feasibility studies , technical projects implementation , continuous operation , coordination and evaluation .


### projects of common interest may encompass their entire cycle , including feasibility studies , implementation , continuous operation , coordination and evaluation . ### projects of common interest may encompass their entire cycle , including feasibility studies , implementation , continuous operation and development , coordination and evaluation .


### actions contributing to projects of common interest in the field of digital service infrastructures must , to be eligible for funding , cumulatively : ### actions contributing to projects of common interest in the field of digital service infrastructures must , to be eligible for funding :


### 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 .


### 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 .


### on the basis of information received under article 21 of the regulation xxx establishing the connecting europe facility , member states and the commission shall exchange information about the progress made with the implementation of these guidelines . ### on the basis of information received under article 21 of the regulation xxx establishing the connecting europe facility , member states , the commission and the european parliament shall exchange information about the progress made with the implementation of these guidelines .


### on the basis of information received under article 21 of the regulation xxx establishing the cef . member states and the commission shall exchange information about the progress made with the implementation of these guidelines . ### on the basis of information received under article 21 of the regulation xxx establishing the cef , member states , the commission shall exchange information and best practices about the progress made with the implementation of these guidelines . a yearly overview of that information shall be sent to the european parliament . member states shall involve local regional authorities in the process .


### the commission shall consult and be assisted by an expert group , composed of a representative of each member state . in particular , the expert group shall assist the commission in : monitoring the implementation of these guidelines ; planning national plans or national strategies , where applicable ; undertaking measures to evaluate the implementation of the work programmes on a financial and technical level ; addressing existing or emerging project implementation problems . the expert group may also consider any other issue relating to the development of the trans - european telecommunications networks . ### the commission shall consult and be assisted by an expert group composed of a representative of each member state . in particular , the expert group shall assist the commission in : monitoring the implementation of these guidelines ; planning national plans or national strategies , where applicable ; undertaking measures to evaluate the implementation of the work programmes on a financial and technical level ; addressing existing or emerging project implementation problems ; mapping infrastructures , and exchanging information . the expert group may also consider any other issue relating to the development of the trans - european telecommunication networks . in particular , the expert group shall assist the commission in preparatory work prior to drawing up the annual and multiannual work programme and its revision referred to respectively in article 17 and article 17 of regulation no xxxx / xxxx establishing the connecting . europe facility . to that end , the expert group shall engage in structured cooperation with those involved in the planning , development and management of telecommunications networks and services such as , inter alia , local and regional authorities , national regulatory authorities and the body of european regulators for electronic communications , internet access providers , public network administrators and component manufacturers . the commission and the european investment bank shall pay particular attention to the expert group ' s observations and shall publicly justify any instances where such observations are not taken into account . the commission shall inform the expert group , at each of its meetings , of the progress made in implementing the work programme .


### 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 .


### titles i , ii and iv with the exception of articles 36 and 40 shall apply to all collecting societies established in the union . ### titles i , ii and iv with the exception of articles 36 and 40 shall apply to all collecting societies which operate within the union .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation authorised by law or by way of assignment , licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one rightholder , for the collective benefit of those rightholders as its sole or one of its main purposes , and which is : owned or controlled by its members , or organised as a not for profit organisation .


### ‘ multi - territorial licence’ means a licence which covers the territory of more than one member state ; ### ' multi - territorial licence ' for an online music service means a licence which covers the territory of more than one member state ;


### 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 member gives express consent specifically for each right or category of rights or type of works and other subject matter which that member authorises the collecting society to manage and that any such consent is evidenced in documentary form . this paragraph does not apply to the arrangements in the member states concerning the administration of rights through extended collective licenses , legal presumption of representation or transfer , mandatory collective management or similar arrangements or a combination of them .


### 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 collecting society regularly and diligently distributes and pays amounts due to the rightholders it represents . the collecting society shall carry out such distribution and payments without undue delay , but no later than six 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 .


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available 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 . where due to the scope of activity of the collective management organisation such works or other subject matter cannot be determined , the categories of works or of other subject matter it represents , the rights it manages and the territories covered ;


### 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 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 ; where due to the scope of activity of the collective management organisation such works or other subject matter cannot be determined , the categories of works or of other subject matter it represents , the rights it manages and the territories covered .


### any representation agreement between collecting societies whereby a collecting society mandates another collecting society to grant multi - territorial licences for the online rights in musical works in its own music repertoire shall be of a non - exclusive nature . the mandated collecting society shall manage those online rights on non - discriminatory terms . ### in order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi - repertoire and multi - territorial licences , collective management societies shall have the possibility to conclude representation agreements with other collective management societies for the coordination and efficiency of such licenses under equal and non - discriminatory terms . any representation agreement between collective management societies whereby a collective management society mandates another collective management society to grant multi - territorial licences for the online rights in musical works in its own music repertoire should preserve the ability for the mandating society to mandate another society and shall be of a non - exclusive nature . the mandated collective management organisation shall manage those online rights on non - discriminatory terms .


### the requested collecting society shall accept such a request if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies . ### the requested collective management organisation shall accept such a request without delay if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collective management organisations .


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall ensure that their respective competent authorities impose appropriate administrative sanctions and measures , or , alternatively , designate appropriate bodies , where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive .


### this directive should not affect conditions of the provision of services in the framework of article 56 of the tfeu . in particular , this directive should not affect the terms and conditions of employment which , pursuant to directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services , apply to workers posted by an undertaking established in a member state to provide a service in the territory of another member state . ### this directive should not affect conditions of the provision of services in the framework of article 56 of the tfeu , in particular the terms and conditions of employment which , pursuant to directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services , apply to workers posted by an undertaking established in a member state to provide a service in the territory of another member state . seasonal workers should not be posted by an undertaking established in a member state to provide a service in the territory of another member state .


### activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture , during the planting or harvesting period , or tourism , during the holiday period . ### activities dependent on the passing of the seasons are to be found in the agriculture and horticulture sectors , for example during the planting or harvesting periods , and in the tourism sector , for example during the holiday periods . there should be the possibility for member states to decide , with the involvement of the social partners and in consultation with them , to consider additional activities dependent on the passing of seasons as seasonal activities , for the purposes of this directive .


### member states should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market . ### to ensure that the labour market is not adversely affected by the entry of third country national seasonal workers , member states should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market by nationals of the member state concerned , by other union citizens or by third - country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law .


### in order to ensure that seasonal workers have adequate accommodation during their stay , including at a reasonable cost , provision should be made to require employers to provide the evidence of the accommodation they or third - parties provide . ### in order to ensure that seasonal workers have adequate accommodation that ensures a decent standard of living during their stay , provision should be made to require employers to provide evidence of the accommodation they provide themselves or via third parties . the cost of this accommodation should not be excessive and should reflect the market rate of the area in question . the cost of the rent should not be automatically deducted from the seasonal worker ' s wage . to ensure transparency , seasonal workers should be given a rental contract in which the conditions and cost of the accommodation are clearly stated . these provisions should be without prejudice to the possibility for seasonal workers to freely choose their own accommodation . any change of accommodation should be reported to the competent authorities .


### considering the specially vulnerable situation of third - country national seasonal workers and the temporary nature of their assignment , there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection of the rights of third - country seasonal workers , such as law or universally applicable collective agreements . ### considering the specially vulnerable situation of third - country national seasonal workers and the temporary nature of their assignment , there is a need to provide effective protection of the rights of third - country seasonal workers , also in the social security field , to check regularly for compliance and to fully guarantee respect for the principle of equal treatment with workers who are nationals of the host member state , following in particular the principles laid down in articles 15 , 21 and 34 of the charter of fundamental rights of the european union and abiding therefore by the principle of the same pay for the same work in the same workplace , by applying collective agreements and other arrangements on working conditions which have been concluded at all possible levels or for which there is statutory provision , in accordance with national law and practice , under the same terms as to nationals of the host member state .


### in the absence of a system for declaring collective agreements of universal application , member states may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned , and / or collective agreements which have been concluded by the most representative employers ' and labour organisations at national level and which are applied throughout national territory . ### in addition to the legislative , administrative and regulatory provisions applicable to workers who are nationals of the host member state , arbitration decisions and collective agreements and contracts concluded at any level , in accordance with the host member state’s national law and practice , should also apply to third - country national seasonal workers under the same terms as to nationals of the host member state .


### third - country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in article 3 of regulation no 883 / 04 on the coordination of social security systems . this directive should not confer more rights than those already provided in existing eu legislation in the field of social security for third - country nationals who have cross - border interests between member states . furthermore , this directive should not grant rights in relation to situations which lie outside the scope of that eu legislation such as , for example , to family members residing in a third country . this is without prejudice to the non discriminatory application by member states of national legislation providing for de minimis rules on contributions to pension systems . ### adequate social security coverage for seasonal workers is a key element of this directive and important for ensuring that their working and living conditions while staying in the union are decent . third - country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in article 3 of regulation no 883 / 2004 on the coordination of social security systems . this directive should not confer more rights than those already provided in existing eu legislation in the field of social security for third - country nationals who have cross - border interests between member states . furthermore , this directive should not grant rights in relation to situations which lie outside the scope of that eu legislation such as , for example , to family members residing in a third country . this is without prejudice to the non discriminatory application by member states of national legislation providing for de minimis rules on contributions to pension systems . without prejudice to bilateral agreements providing for better social security coverage , member states should establish mechanisms which ensure effective social security coverage during the stay and the mechanisms for exporting acquired rights where applicable . this may include special adjustments , for example in terms of the qualifying or the waiting period .


### this directive shall not apply to third - country nationals who are carrying out activities on behalf of undertakings established in another member state in the framework of a provision of services within the meaning of article 56 of the treaty on the functioning of the european union , including those posted by undertakings established in a member state in the framework of a provision of service in accordance with directive 96 / 71 / ec . ### this directive shall not apply to third - country nationals who are carrying out activities on behalf of undertakings established in another member state in the framework of a provision of services within the meaning of article 56 of the treaty on the functioning of the european union , including those posted by undertakings established in a member state in the framework of a provision of service in accordance with directive 96 / 71 / ec . seasonal workers shall not be posted by an undertaking established in a member state to provide a service in the territory of another member state .


### ‘ activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations ; ### ‘ activity dependent on the passing of the seasons’ means an activity , within the scope of article 2 , that is tied to a certain time of the year by an event or recurring pattern of events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations ;


### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the rate of pay and the working hours per week or month and , when applicable , other relevant working conditions ; ### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the essential aspects of the contract or employment relationship as laid down in article 2 of council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship1 , in accordance with the provisions laid down in article 16 of this directive ; _____________ 1 oj l 228 , 18 . 10 . 1991 , p . 32 .


### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the rate of pay and the working hours per week or month and , when applicable , other relevant working conditions ; ### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the essential aspects of the contract or employment relationship as laid down in article 2 of council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship1 , in accordance with the provisions laid down in article 16 of this directive ; ___________ 1 oj l 288 , 18 . 10 . 1991 , p . 32 .


### whatever the law applicable to the employment relationship , seasonal workers shall be entitled to : working conditions , including pay and dismissal as well as health and safety requirements at the workplace , applicable to seasonal work as laid down by law , regulation or administrative provision and / or universally applicable collective agreements in the member state to which they have been admitted according to this directive . in the absence of a system for declaring collective agreements to be of universal application , member states may , if they so decide , base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned , and / or collective agreements which have been concluded by the most representative employers ' and labour organisations at national level and which are applied throughout national territory ; 2 . equal treatment with nationals of the host member state as regards at least with regard to : freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations , without prejudice to the national provisions on public policy and public security ; provisions in national laws regarding the branches of social security as defined in article 3 of council regulation no 883 / 04 ; payment of statutory pensions based on the worker ' s previous employment under the same conditions as nationals of the member states concerned when they move to a third country ; access to goods and services and the supply of goods and services made available to the public , except public housing and counselling services afforded by employment services . ### seasonal workers shall be entitled to equal treatment with nationals of the host member state as a minimum with regard to : terms of employment , including the minimum working age , and working conditions , including pay and dismissal , working hours , leave and holidays , as well as health and safety requirements at the workplace , as laid down by law , regulation or administrative provision , collective agreements and contracts concluded at any level , in accordance with the host member state ' s national law and practice and under the same terms as those applicable to nationals of the host member state . 2 . freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation , including the rights and benefits conferred by such organisations , inter alia the right to negotiate and conclude collective agreements and the right to strike and take industrial action , in accordance with the host member state’s national law and practices , without prejudice to the national provisions on public policy and public security ; 3 . branches of social security , as defined in article 3 of regulation no 883 / 2004 . each member state remains responsible , in the absence of harmonisation at union level , for laying down in its legislation , in compliance with union law , the non - discriminatory rules governing the granting of social security benefits , as well as the amount and duration of such benefits ; 4 . access to goods and services and the supply of goods and services made available to the public in accordance with national law . this paragraph shall be without prejudice to freedom of contract in accordance with national and union law ; 5 . education and vocational training ; 6 . recognition of diplomas , certificates and other professional qualifications in accordance with the relevant national procedures and with union law ; 7 . tax benefits , in so far as the worker is deemed to be resident for tax purposes in the member state concerned . third - country workers moving to a third country , or the survivors of such workers residing in a third - country deriving rights from the worker , shall receive , in relation to old - age , employment injury , invalidity and death , statutory pensions based on the workers ' previous employment and acquired in accordance with the legislation set out in article 3 of regulation no 883 / 2004 , under the same conditions and at the same rates as the nationals of the member states concerned when they move to a third country .


### member states shall ensure that third parties which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring compliance with this directive , may engage either on behalf of or in support of a seasonal worker , with his / her approval , in any administrative or civil proceedings provided for with the objective of implementing this directive . ### member states shall ensure that third parties which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring compliance with this directive , may engage either on behalf of or in support of a seasonal worker , with his / her approval , in any administrative or civil proceedings provided for with the objective of implementing this directive . member states shall inform seasonal workers of the existence of complaints mechanisms , thereby providing complainants with easy access to legal redress for infringement of their rights , ill - treatment or harassment .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , any additional services should be designed not to increase driver distraction and should be in line with the applicable data privacy protection legislation . it must also be ensured that the efficient work of emergency call centres is under no circumstances hampered by vehicle manufacturers ' parallel emergency services .


### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes . ### all parts of the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for vehicle repair and maintenance purposes .


### 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 and different regions . therefore it is necessary to encourage the setting - up of producer organisations and associations of producer organisations at transregional level , based where appropriate on biogeographical regions , and transnational level , these being intended as partnerships aimed at producing binding common rules and offering a level playing field to all fishery stakeholders , whilst ensuring that they remain subject to competition rules as provided for in this regulation .


### the common market organisation shall apply to the fishery and aquaculture products listed in annex i to this regulation , which are marketed in the union . ### the common market organisation shall apply to all eu and non - eu fishery and aquaculture products listed in annex i to this regulation , which are produced and / or marketed in the union .


### for the purposes of this regulation , the definitions referred to in article 3 of the regulation on the common fisheries policy shall apply . the following definitions shall also apply : ### for the purposes of this regulation , the definitions referred to in article 3 of the regulation on the common fisheries policy and those referred to in council regulation no 1224 / 2009 and commission implementing regulation no 404 / 2011 shall apply . the following definitions shall also apply :


### measures deployable by fishery producer organisations ### measures to be deployed by fishery producer organisations


### fishery producer organisations may make use of the following measures to achieve the objectives set out in article 7 : ### fishery producer organisations shall make use of the following measures to achieve the objectives set out in article 7 :


### – distributing landed products free of charge to philanthropic or charitable purposes . ### – distributing landed products to philanthropic or charitable purposes .


### channelling the supply and the marketing of members ' products ; ### concentrating the supply and the marketing of their members ' products ;


### channelling the supply and the marketing of members ' products ; ### channelling the supply , price stabilisation and the marketing of members ' products ;


### promoting sustainable aquaculture activities of their members by providing opportunities for their development ; ### promoting economically , socially and environmentally sustainable aquaculture activities of their members , by providing opportunities for their development in close cooperation with the member states and regional authorities ;


### promoting sustainable aquaculture activities of their members by providing opportunities for their development ; ### promoting sustainable organic aquaculture activities of their members by providing opportunities for their development , in accordance with directive 2008 / 56 / ec and council directive 92 / 43 / eec ;


### performing in a more efficient manner any of the objectives of the member producer organisations laid down in articles 7 and 10 ; ### performing in a more sustainable and efficient manner any of the objectives of the member producer organisations laid down in articles 7 and 10 ;


### they represent a significant share of at least two of the following activities in a given area or areas : production , marketing and processing of fishery and aquaculture products or products processed from fishery and aquaculture products ; ### they represent a significant share of at least two of the following activities in a given area or areas : production , marketing and processing of fishery and aquaculture products or products processed from fishery and aquaculture products that are being fished by union vessels or aquacultivated within member states ;