### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules . the relevant case - law of the court of justice of the european union is interpreted differently between member states and even between contracting authorities or certain contracting entities . it is therefore necessary to clarify in what cases concessions concluded between such authorities are not subject to the application of public concession award rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under art . 4 does not as such rule out the application of concession award rules . however , the application of concession award rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition . ### there is considerable legal uncertainty as to how far cooperation between contracting authorities – whether public authorities or bodies governed by public law , some of which have non - profit private participation engaged in meeting needs in the general interest not having an industrial or commercial character in accordance with article 6 of this directive – should be covered by concession award rules . the case - law of the court of justice of the european union applicable to cooperation between public authorities is interpreted differently between member states and even between contracting authorities , including as to the conditions for its extensive and proportionate application to cooperation between bodies governed by public law , which , unlike public authorities , may have non - profit private participation in accordance with the legislation in force in the member states , and with reference to the concept of social enterprise set out in the communication from the commission of 25 october 2011 entitled ‘ social business initiative’ . it is therefore necessary to clarify in what cases concessions concluded between contracting authorities , public authorities and bodies governed by public law are not subject to the application of public concession award rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice on cooperation between public authorities and on their extensive and proportionate application to cooperation between bodies governed by public law , whose non - profit status is laid down in article 4 , point 1 of this directive . the sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of concession award rules . the application of these rules must not interfere with the right of public authorities to decide freely how to organise the way they carry out their public service tasks . contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . concessions granted to controlled entities and cooperation through the pooling of the resources required to perform public service tasks and for the joint execution of the public service tasks of participating contracting authorities in the context of the organisation and legislation of member states shall not be subject to concession award rules if the conditions set out in this directive are fulfilled . those conditions should , in particular , take into account the definition of a body governed by public law and the concept of social business , i . e . a business which may contain socially beneficial non - profit private participation governed by the member states’ legislation . similarly , transfers of powers relating to public service tasks involving a global transfer of responsibility between local public authorities , or between local public authorities and groups composed exclusively of local public authorities , as part of the internal organisation of member states , should be exempted from the rules laid down in this directive . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition . to achieve this , the conditions for the exclusion of contracts from the scope of this directive should be subject to a strict interpretation . if any of the cumulative conditions for exclusion from the scope is no longer fulfilled during the term of a contract or cooperation that has been excluded from the procurement rules , that ongoing contract or cooperation must be opened to competition through regular procurement procedures .


### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules . the relevant case - law of the court of justice of the european union is interpreted differently between member states and even between contracting authorities or certain contracting entities . it is therefore necessary to clarify in what cases concessions concluded between such authorities are not subject to the application of public concession award rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under art . 4 does not as such rule out the application of concession award rules . however , the application of concession award rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition . ### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules . the relevant case - law of the court of justice of the european union is interpreted differently between member states . it is therefore necessary to clarify in what cases the award of concessions concluded between such public authorities is not subject to the rules laid down in this directive . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under art . 4 does not as such rule out the application of concession award rules . the application of concession award rules must not interfere with the right of public authorities to decide freely how to organise the way they carry out their public service tasks . the award of concessions to controlled entities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . the participation of a contracting authority as a tenderer in a procedure for the award of a concession should not cause any distortion of competition .


### contracting authorities and contracting entities can be faced with external circumstances that they could not foresee when they awarded the concession . in this case , a certain degree of flexibility is needed to adapt the concession to these circumstances without a new award procedure . the notion of circumstances that a diligent contracting authority or contracting entity could not foresee refers to those circumstances which could not be predicted despite reasonably diligent preparation of the initial award by the contracting authority or contracting entity , taking into account its available means , the nature and characteristics of the specific project , good practice in the field in question and the need to ensure an appropriate relationship between the resources spent in preparing the award and its foreseeable value . however , this cannot apply in cases where a modification results in an alteration of the nature of the overall procurement , for instance by replacing the works , supplies or services to be procured by something different or by fundamentally changing the type of procurement since , in such a situation , a hypothetical influence on the outcome may be assumed . ### grantors can be faced with external circumstances that they could not foresee when they awarded the concession . in this case , a certain degree of flexibility is needed to adapt the concession to these circumstances without a new award procedure . the notion of circumstances that a diligent grantor could not foresee refers to those circumstances which could not be predicted despite reasonably diligent preparation of the initial award by the grantor , taking into account its available means , the nature and characteristics of the specific project , good practice in the field in question and the need to ensure an appropriate relationship between the resources spent in preparing the award and its foreseeable value . however , this cannot apply in cases where a modification results in an alteration of the nature of the overall concession , for instance by replacing the works or services for which the contract is to be awarded by something different or by introducing conditions such that an influence on the outcome may be assumed .


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### all timetabling data shall be considered public data and be made available accordingly . member states shall require railway undertakings to cooperate in setting up by 12 december 2020 a common travel information and ticketing scheme for the supply of tickets , through - tickets and reservations for all passenger services operated on their territory , or shall decide to empower relevant authorities to establish such a scheme . the scheme shall not create market distortion or discriminate between railway undertakings , and shall be managed by a public or private legal entity or an association of all railway undertakings operating passenger services . the relevant infrastructure manager shall contribute to the scheme as far as this is necessary in order to obtain information on train movements . member states may also require railway undertakings and providers of passenger transport by other modes of transport to participate in a common interoperable travel information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to relevant authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and other providers of passenger transport and that it is managed by a public or private legal entity or an association of all undertakings operating passenger services . this article is without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu .


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### all timetabling data shall be considered public data and be made available accordingly . member states shall require railway undertakings to cooperate in setting up , by 12 december 2016 , a common travel information and ticketing scheme for the supply of tickets and reservations for all passenger services operated on their territory , or shall decide to empower the relevant authorities to establish such a scheme . the relevant infrastructure manager shall contribute to the scheme as far as this is necessary in order to obtain information on train movements . member states may also require railway undertakings and providers of passenger transport by other modes of transport to participate in a common interoperable travel information and integrated ticketing scheme for the supply of tickets , information and reservations or decide to give the power to relevant authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or give rise to discrimination between railway undertakings and other providers of passenger services .


### where on the date of entry into force of this directive , the infrastructure manager belongs to a vertically integrated undertaking , member states may decide not to apply paragraphs 2 to 4 of this article . in such case , the member state concerned shall ensure that the infrastructure manager performs all the functions referred to in article 3 and has effective organisational and decision - making independence from any railway undertaking in accordance with the requirements set in articles 7a to 7c . ### where the infrastructure manager belongs to a vertically integrated undertaking , member states may decide not to apply paragraphs 2 to 4 of this article . in such cases , the member state concerned shall ensure that the infrastructure manager performs all the functions referred to in article 3 and has effective organisational and decision - making independence from any railway undertaking in accordance with the requirements set in articles 7a to 7c .


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### all timetabling data shall be considered public data and be made available accordingly . without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings to cooperate in establishing a uniform information and ticketing scheme for the supply of tickets , through - tickets and reservations for all passenger transport operated on their territory or decide to give the power to competent authorities to establish such a scheme . these national schemes shall be devised so as to be interoperable with the schemes in other member states and shall be linked together in a common scheme . such a scheme should not lead to market distortion or discrimination between railway undertakings . the relevant infrastructure manager shall contribute to the scheme as far as this is necessary in order to obtain information on train movements . member states shall also require railway undertakings and providers of passenger transport by other modes of transport to participate in a uniform interoperable travel information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to relevant authorities to establish such a scheme . the national schemes shall be linked with those of other member states to form a common scheme . the member states shall ensure that the scheme does not lead to market distortion or discrimination between railway undertakings and other passenger transport providers .


### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments and financial efficiency . ### the network shall participate in the market - monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , cross - border cooperation to overcome bottlenecks , investments and financial efficiency .


### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic and international passenger services to participate in a common information and through ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should not create market distortion or discriminate between railway undertakings .


### the commission may adopt measures setting out the common principles and practices of the network , in particular to ensure consistency in benchmarking , and the procedures to be followed for cooperation in the network . those measures shall be adopted by means of an implementing act in accordance with the procedure referred to in article 62 . ### following a proposal from the network , the commission shall adopt measures setting out the common principles and practices of the network , in particular to ensure consistency in benchmarking , and the procedures to be followed for cooperation in the network . those measures shall be adopted by means of a delegated act in accordance with the procedure referred to in article 60 .


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services .


### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . ### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 , where relevant , the regional authorities concerned and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers .


### in order to ensure equal access to the infrastructure , any conflicts of interest resulting from integrated structures encompassing infrastructure management and transport activities should be removed . removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure . it is a requirement for the successful opening of the market for domestic passenger transport services by rail . this should also remove the potential for cross - subsidisation , which exists in such integrated structures , and which also leads to market distortions . ### in order to ensure equal access to the infrastructure , integrated structures should be shaped in such a way that no conflicts of interest emerge between infrastructure management and transport activities . removing potential incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure . it is a requirement for the successful opening of the market for domestic passenger transport services by rail . this should also remove the potential for cross - subsidisation , which exists in such integrated structures , and which also leads to market distortions .


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### all timetabling data shall be considered public data and be made available accordingly . member states shall require railway undertakings to cooperate in setting up by 12 december 2020 a common travel information and ticketing scheme for the supply of tickets , through - tickets and reservations for all passenger services operated on their territory , or shall decide to empower relevant authorities to establish such a scheme . the scheme shall not create market distortion or discriminate between railway undertakings , and shall be managed by a public or private legal entity or an association of all railway undertakings operating passenger services . the relevant infrastructure manager shall contribute to the scheme as far as this is necessary in order to obtain information on train movements . the scheme manager shall ensure that the scheme does not prevent , restrict or distort competition in connection with the supply of travel information , tickets , through - tickets and reservations by railways undertakings or third parties . the regulatory body referred to in article 55 shall have regulatory oversight of the operation of the scheme with a view to preventing discrimination , and shall be empowered to ensure that the scheme operates on this basis . member states may also require railway undertakings and providers of passenger transport by other modes of transport to participate in a common interoperable travel information and integrated ticketing scheme for the supply of tickets , through tickets and reservations or decide to give the power to relevant authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and other providers of passenger transport and that it is managed by a public or private legal entity or an association of all undertakings operating passenger services . this article is without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu


### cross - border issues should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers . ### without prejudice to member states’ powers as regards infrastructure planning and financing , cross - border issues should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers .


### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . ### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , including representatives of their employees , representatives of users of the rail freight and passenger transport services and of the railway sector ' s workers and , where relevant , regional and local authorities and other potential stakeholders . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers .


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria , taking account of the cumulative effect of the services provided on the basis of free access . they shall determine this after a request from any of the following , submitted within two months from the information on the intended passenger service referred to in article 38 :


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . the assessment of whether the economic equilibrium of the public service contract would be compromised shall take into account predetermined criteria such as the impact on the profitability of any services which are included in a public service contract , including the resulting impacts on the net cost to the competent public authority that awarded the contract , passenger demand , ticket pricing , ticketing arrangements , location and number of stops and timing and the frequency of the proposed new service , which are established by the regulatory body referred to in article 55 in compliance with the implementing measures provided for in paragraph 4 of this article . the assessment shall demonstrate whether the viability of the services operated under the public service contract would be affected affected . the equilibrium shall be regarded as compromised when it can be demonstrated that the economic feasibility of operating those public services , providing a reasonable level of quality , would be jeopardised . in accordance with such assessment and the decision of the relevant regulatory body , member states shall be able to authorise , modify or deny the right of access for the passenger service sought , in line with the economic analysis and with union law and the principles of equality and non - discrimination . the regulatory body or bodies shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 :


### this directive shall enter into force on the day following that of its publication in the official journal of the european union . ### this directive shall enter into force on the day following that of its publication in the official journal of the european union . it shall be consolidated with the directive amended by it within three months of its entry into force .


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information scheme . in addition , member states may require railway undertakings operating domestic passenger services to participate in a common integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such schemes are established , member states shall ensure that they do not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services .


### better coordination between infrastructure managers and railway undertakings should be ensured through the establishment of a coordination committee , in order to achieve efficient management and use of the infrastructure . ### better coordination between infrastructure managers and railway undertakings should be ensured through the establishment of a coordination committee , in order to achieve efficient management and use of the infrastructure . in addition , in order to ensure the smooth running of operations in the daily management of the network , the infrastructure manager at traffic control level should coordinate with railway undertakings , without compromising its independence and responsibility for managing the network and the existing rules .


### creating a legal framework to facilitate the digitisation and dissemination of works for which no author is identified or , even if identified , is not located , so called orphan works , is a key action of the digital agenda for europe , as set out in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions – a digital agenda for europe . ### creating a legal framework to facilitate the digitisation and dissemination of works subject to copyright protection for which no rightholder is identified or , even if identified , is not located , so called orphan works , is a key action of the digital agenda for europe , as set out in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions – a digital agenda for europe .


### libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or achives in order to create european digital libraries . libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations in the member states contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections . ### libraries , museums , archives , educational establishments , film heritage institutions and broadcasting organisations established in the member states are engaged in large - scale digitisation of their collections or archives in order to create european digital libraries . they contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections .


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work has more than one rightholder , and at least one of the rightholders has not been identified and located , that work shall be considered an orphan work while the other rightholders remain unidentified or cannot be located despite a diligent search having been carried out and recorded in accordance with article 3 .


### the sources that are appropriate for each category of works shall be determined by each member state , in consultation with rightholders and users , and include , the sources listed in the annex . ### the sources that are appropriate for each category of works in question shall be determined by each member state , in consultation with rightholders and users , and include at least the sources listed in the annex .


### this directive concerns certain uses of orphan works undertaken by publicly accessible libraries , educational establishments or museums as well as by archives , film heritage institutions and public service broadcasting organizations . ### this directive concerns certain types of use of orphan works undertaken by publicly accessible libraries , educational establishments or museums established in the member states as well as by archives , film heritage institutions and broadcasting organizations .


### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and public service broadcasting organisations , to make available and reproduce orphan works , provided such use fulfils their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage . ### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and broadcasting organisations , to make available and reproduce , within the meaning of directive 2001 / 29 / ec , orphan works , provided such use fulfils their public interest missions and guarantees cultural and educational access to them . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage .


### this directive should be without prejudice to existing arrangements in the member states concerning the management of rights such as extended collective licences . ### this directive should encourage arrangements in the member states concerning the management of rights based on compulsory licenses or extended collective licences .


### the commission shall keep under constant review the development of rights information sources and shall , at the latest one year after the entry into force of this directive , and at annual intervals thereafter , submit a report concerning the possible inclusion in the scope of application of this directive of works or other protected subject matter not currently included in such scope , and in particular phonograms and stand alone photographs and other images . ### the commission shall keep under constant review the development of rights information sources and shall , at the latest one year after the entry into force of this directive , and at annual intervals thereafter , submit a report concerning the possible inclusion in the scope of application of this directive of works or other protected subject matter not currently included in such scope , and in particular stand alone photographs and other images .


### in order to foster the union ' s citizens ' access to europe ' s cultural heritage , it is also necessary to ensure that orphan works which have been digitised and made available to the public in one member state are also available in other member states . publicly accessible libraries , educational establishments , museum , archives , film heritage institutions and public service broadcasting organisations that use an orphan work in order to achieve their public interest missions should be able to make the orphan work available to the public in other member states . ### in order to foster the union ' s citizens ' access to europe ' s cultural heritage , it is also necessary to ensure that orphan works which have been digitised and made available to the public in one member state are also available in other member states . libraries , educational establishments , museum , archives , film heritage institutions and broadcasting organisations that use an orphan work in order to achieve their public interest missions should be able to make the orphan work available to the public in other member states .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work subject to copyright shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , cannot be located despite a diligent search having been carried out and recorded in accordance with article 3 .


### a diligent search is required to be carried out only in the member state of first publication or broadcast . ### a diligent search is required to be carried out only in the member state in whose territory the work was first published or broadcast . it shall be carried out in good faith and in a reasonable scope prior to the use of the work .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works subject to copyright in the collections of organisations referred to in article 1 and first published or broadcast in the territory of a member state , which are :


### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations . ### before a work can be considered an orphan work , a good faith and reasonable diligent search for the rightholder should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other authorised organisations .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work .


### for reasons of international comity , this directive should only apply to works that are first published or broadcast in a member state . ### for reasons of international comity , this directive should only apply to works that are first published or broadcast in the territory of a member state .


### it is appropriate to provide that authors are entitled to put an end to the orphan status in case they come forward to claim their works . ### where rightholders come forward to claim their works , it is appropriate for them to have the possibility to put an end to the orphan status of those works .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### orphan works may have several authors or include other works or protected subject matter . this directive should not affect the rights of known or identified rightholders . ### orphan works may have several rightholders or include other works or protected subject matter . this directive should not affect the rights of known or identified rightholders .


### works published in the form of books , journals , newspapers , magazines or other writings , and which are contained in the collections of publicly accessible libraries , educational establishments , museums or archives , or ### works in the form of books , journals , newspapers , magazines or other writings and printed materials , or


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work has more than one rightholder , and at least one of the rightholders has not been identified and located , that work shall be considered an orphan work while the other rightholders remain unidentified or cannot be located despite a diligent search having been carried out and recorded in accordance with article 3 .


### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives and film heritage institutions may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners . ### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums , records offices or archives , film heritage institutions , broadcasting organisations and other cultural institutions in the member states , as well as private collections , may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation , the making available and the communication to the public of orphan works . these agreements may include financial contributions by such partners .


### libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or achives in order to create european digital libraries . libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations in the member states contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections . ### libraries , museums , archives , educational establishments , film heritage institutions and broadcasting organisations established in the member states are engaged in large - scale digitisation of their collections or archives in order to create european digital libraries . they contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections .


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work has more than one rightholder , authorisation given by those rightholders who could be located shall be deemed sufficient to enable the work as a whole to be used if other rightholders as defined by this directive could not be identified or located . in the case of works whose individual parts can be clearly attributed to different rightholders , each part of the work shall be the subject of a specific investigation to determine whether it is an orphan work within the meaning of paragraph 1 .


### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation . ### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation .


### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives and film heritage institutions may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners . ### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives and film heritage institutions and broadcasting organisations may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners .


### cinematographic or audiovisual works contained in the collections of film heritage institutions , or ### cinematographic , audio or audiovisual works , or


### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and public service broadcasting organisations , to make available and reproduce orphan works , provided such use fulfils their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage . ### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and broadcasting organisations , to make available and reproduce , within the meaning of directive 2001 / 29 / ec , orphan works , provided such use fulfils their public interest missions and guarantees cultural and educational access to them . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage .


### enhancing institutional capacity and an efficient public administration . ### enhancing institutional capacity , an efficient public administration and providing strategic orientation for territorial development under the europe 2020 strategy at all governance levels through the territorial agenda of the european union .


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme , as regards the resources concerning the sector affected by conditionality , pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission .


### protecting the environment and promoting resource efficiency ; ### protecting the environment and cultural heritage and promoting resource efficiency ;


### protecting the environment and promoting resource efficiency ; ### protecting the environment and cultural heritage and promoting resource efficiency as well as its efficient management by an adequate involvement of the private sector ;


### protecting the environment and promoting resource efficiency ; ### protecting the environment and cultural heritage and promoting resource knowledge and efficiency ;


### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws . ### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply their competent authorities in the country of establishment or service delivery with all the information necessary for supervising their activities in compliance with their national laws and directive 96 / 71 / ec


### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation . ### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation . arrangements for application of electronic information exchange by means of the internal market information system should be tested to ensure that they work in practice .


### within three years after the date referred to in article 20 , the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications . ### in accordance with article 4 of the directive 96 / 71 / ec and within three years after the date referred to in article 20 , the effectiveness and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications aiming at better implementation and enforcement


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive and directive 96 / 71 / ec are complied with , may engage , on behalf or in support of the posted workers or their employer , in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive .


### the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other hand , ### the law applicable to the contracts concluded by the undertaking with its clients ,


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to ensure that member states can enforce successfully directive 96 / 71ec . this directive sets out implementation instruments needed for the equal treatment of posted workers as regards all terms and conditions of employment which apply in the place where the service is to be performed , as defined by national law or practice of member states and therefore contributes to fair competition in the single market .


### the posted worker returns or is expected to resume working to the member state from which he / she is posted after completion of the work or the provision of services for which he or she was posted ; ### the posted worker returns or is expected to resume working in his habitual place of employment outside the member state of posting after completion of the work or the provision of services for which he or she was posted ;


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the country of establishment is the place where it performs its substantial quantifiable business activity and has its registered office and administration and pays taxes and has a professional licence or is registered with the chambers of commerce or professional bodies ,


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall make an overall assessment of all factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . account shall be taken in particular of the following elements , which shall where applicable be demonstrated to the competent authorities by the business making the posting :


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the country of establishment is the place where it performs its substantial quantifiable business activity , has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies ,


### the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures , with respect to workers posted to another member state . ### the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures , with respect to workers posted to another member state . this responsibility shall not in any way reduce the possibilities for the member state where the posting takes place to control , monitor and take necessary supervisory or enforcement measures .


### in order to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined . ### in order to better implement articles 3 and 5 of directive 96 / 71 / ec and to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined . the host member state in close cooperation with the member state of establishment shall at least verify compliance with the following conditions :


### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or notify a decision imposing a penalty or a fine , in so far as the relevant laws , regulations and administrative practices in force in the requested authority ' s member state allow such action for similar claims or decisions . ### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or retroactive social security contributions in accordance with 987 / 2009 / ec or notify a decision imposing a penalty or a fine or retroactive social security in accordance with 987 / 2009 / ec .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec an undertaking posting undertakings shall supply to the competent authorities upon request proof of at least the following :


### role of the member state of establishment ### cooperation between the member state of establishment and the host member state


### the administrative cooperation and mutual assistance between the competent authorities of the member states provided for in articles 6 , 7 , 10 , 13 , 14 and 15 shall be implemented through the internal market information system , established by [ reference to imi regulation ] 89 . ### the administrative cooperation between the competent authorities of the member states provided for in articles 6 , 7 , 10 , 13 , 14 and 15 shall be to the extent possible implemented through the internal market information system , established by [ reference to imi regulation as well as by other established means of cooperation such as bilateral agreements .


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable as well as describing the procedures to lodge complaints and the judicial proceedings and sanctions applicable in case of non - compliance and upon requests in formats accessible to persons with disabilities ;


### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . ### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting must be enforceable and should be improved and any circumvention of the rules must be penalised , especially regarding all terms and conditions of employment .


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the country of establishment is the place where an undertaking fulfils the following cumulative criteria : it pursues its substantial business activity there , it has its administration there , it pays taxes and social contributions there , it has a professional licence there or is registered with the chambers of commerce or professional bodies there ;


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only such control measures or administrative formalities to undertakings posting workers for the provision of services . such control measures or administrative formalities should be proportionate and not entail unjustified , excessive administrative burdens . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained .


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means a body designated by a member state to perform functions under this directive or under directive 96 / 71 / ec .


### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , , available in an accessible and transparent way for service providers from other member states and posted workers . ### where , in accordance with national law , traditions and practices and with full respect to the autonomy of the social partners , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make available the relevant information concerning the different minimum rates of pay and the method used to calculate the remuneration and the qualifying criteria . terms and conditions of employment should be available in an accessible and transparent way for service providers from other member states and posted workers .


### the posted worker returns or is expected to resume working to the member state from which he / she is posted after completion of the work or the provision of services for which he or she was posted ; ### the posted worker is habitually employed during the period of posting , and is employed with the undertaking prior to and after the period of posting ;


### the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other hand , ### the law applicable to the contracts concluded by the undertaking with its clients and proof that the law of the country of establishment is applicable to the contracts concluded with its workers ,


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to ensure that member states can enforce successfully directive 96 / 71ec . this directive sets out implementation instruments needed for the equal treatment of posted workers as regards all terms and conditions of employment which apply in the place where the service is to be performed , as defined by national law or practice of member states and therefore contributes to fair competition in the single market .


### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . ### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available free of charge in a clear , transparent comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively .


### with respect to workers temporarily posted to carry out work in order to provide services in another member state than the one in which they habitually carry out their work , 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 establishes a core set of clearly defined terms and conditions of work and employment which must be complied with by the service provider in the member state to which the posting takes place to ensure the minimum protection of the posted workers concerned . ### with respect to workers temporarily posted to carry out work in order to provide services in another member state than the one in which they habitually carry out their work , 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 establishes a core set of clearly defined terms and conditions of work and employment which must be complied with by the service provider in the member state to which the posting takes place to ensure the minimum protection of the posted workers concerned . this directive and directive 96 / 71 / ec should establish minimum standards . this directive should not prevent member states from adopting or maintaining legal or collectively agreed standards that go beyond what is provided for in this directive as long as the posted workers are granted with more favourable conditions ensuring equal treatment and non - discrimination of local and foreign companies and workers .


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### in accordance with the principles established in art . 4 and 5 of directive 96 / 71 / ec member states are at freedom to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards enforcement of directive 96 / 71 / ec and this directive


### trade unions play an important role in the context of the posting of workers for the provision of services since social partners may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay87 . ### this directive and directive 96 / 71 / ec respect the different national industrial relations systems and recognise the important role of collective bargaining . this includes the right of trade unions to engage in any judicial and administrative proceeding on behalf of the worker and where applicable to control and enforce working conditions . .


### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ; ### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , caste , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ;


### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ; ### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , sexual orientation or gender identity ;


### the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups ; ### the rights of indigenous peoples , the rights of persons affected by caste discrimination , and the rights of persons belonging to religious , cultural , linguistic minorities and ethnic groups ;


### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation . ### in the framework of a human rights - based approach to development , the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , rights of minorities , lgbt rights , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account for all assistance measures referred to in this regulation .


### union assistance under this regulation is designed to complement the various other tools for implementing of union policies on democracy and human rights , which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation , including both geographic and thematic programmes . it will also complement the more crisis - related actions under the instrument for stability . ### union assistance under this regulation is designed to complement the various other tools for implementing of union policies on democracy and human rights , which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation , including both geographic and thematic programmes . it will also be complementary to but separate from the more crisis - related actions under the instrument for stability and a future european endowment for democracy .


### the liquidator in the main proceedings shall be notified of the decision to open secondary proceedings and shall have the right to challenge that decision . ### the liquidator in the main proceedings shall be notified of the decision to open secondary proceedings and shall have the right to challenge that decision within three weeks of the date of receipt of such notification .


### articles 78 to 84 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis taking into account the role of the agency with respect to this regulation . ### in article 74 , the second paragraph is replaced by the following : articles 77 , 78 to 84 , 86 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis , taking into account the role of the agency with respect to this regulation .


### in article 93 , the first and second subparagraphs are replaced by the following : ' by way of derogation from article 17 , a member state may continue to apply its current system or practice of making available on the market biocidal products referred to in paragraph 1 of this article for which an application was submitted in accordance with paragraph 1 of this article until the date of the decision granting the authorisation . in the case of a decision refusing to grant the authorisation , or imposing conditions on the authorisation making it necessary to change a product , the biocidal product which has not been authorised or , where relevant , which does not comply with the conditions of the authorisation , shall no longer be made available on the market 180 days after such a decision . by way of derogation from article 17 , a member state may continue to apply its current system or practice of making available on the market biocidal products referred to in paragraph 1 of this article for which an application was not submitted in accordance with paragraph 1 of this article until 180 days after 1 september 2017 . ' ### in article 93 , paragraph 2 is replaced by the following : ' ' by way of derogation from article 17 , a member state may continue to apply its current system or practice of making available on the market and using a biocidal product not covered within the scope of directive 98 / 8 / ec , but falling within the scope of this regulation , and consisting of , containing or generating only active substances that were available on the market , or used in biocidal products , on 1 september 2013 . the derogation applies until one of the following dates : where applications for approval of all these active substances which the product consists of , contains or generates are submitted for the relevant product type at the latest by 1 september 2016 , the deadlines provided for in the second subparagraph of article 89 , in article 89 and in article 89 ; b ) where an application is not submitted in accordance with paragraph a ) for one of the active substances , until 1 september 2017 . ' ;


### annual national programmes and associated funding shall be approved by 31 january each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january to 31 december of that year . following submission of the intermediate reports as referred to in article 15 , the commission may amend such decisions if necessary in relation to the whole eligibility period . ### annual national programmes and associated funding shall be approved by 30 november of the year preceding the year in which the programmes are due to begin , by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january to 31 december of the eligible year . following submission of the intermediate reports as referred to in article 15 , the commission may amend such decisions if necessary in relation to the whole eligibility period .


### concern the control of serious health risks for the union ; ### concern the control of serious human , animal and plant health risks for the union , along the whole food chain ;


### costs of compensation to owners for the value of their animals slaughtered or culled , within the limit of the market value of the animals immediately before they were slaughtered or culled ; ### costs of compensation to owners for the value of their animals slaughtered or culled , within the limit of the market value the animals would have had if they had not suffered from disease ;


### investing in infrastructure for public employment services ; ### investing in infrastructure for public employment services and professional training establishments ;


### at least 5% of the erdf resources allocated at national level shall be allocated to integrated actions for sustainable urban development delegated to cities for management through integrated territorial investments referred to in article 99 of regulation no [ … ] / 2012 [ cpr ] . ### at least 5% of the erdf resources allocated at national level may be allocated to integrated actions for sustainable urban development in functional urban areas and delegated to cities or other existing bodies managing functional urban areas for management in accordance with article 113 of regulation no [ . . . ] / 2012 [ cpr ] , or , where appropriate , in accordance with article 113 of regulation no [ . . . ] / 2012 [ cpr ] . the amount shall be set out in the partnership contract .


### the erdf shall contribute to the financing of support which aims to reinforce economic , social and territorial cohesion by redressing the main regional imbalances through support for the development and structural adjustment of regional economies , including the conversion of declining industrial regions and regions lagging behind . ### the erdf shall contribute to the financing of support which aims to reinforce economic , social and territorial cohesion by redressing the main regional imbalances through support for the sustainable development and structural adjustment of regional economies , including the conversion of declining industrial regions and regions lagging behind .


### addressing the significant needs for investment in the water sector to meet the requirements of the environmental acquis ; ### addressing the significant needs for investment in the water sector to reduce leakage and improve the supply and quality of water and to ensure that it is used more efficiently ;


### promoting energy efficiency and renewable energy use in smes ; ### promoting energy efficiency , renewable energy use and environmentally sound practices in smes ;


### at least 80% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; ### at least 80% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 , 4 and 6 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ;


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in education , skills , lifelong learning and culture by developing education and training infrastructure and promoting cultural heritage ;


### promoting energy efficiency and renewable energy use in smes ; ### promoting energy and resource efficiency and the use of renewable energy and resources in smes ;


### freight transport services and start - up aid for transport services ; ### freight transport services and start - up aid for safe transport services , based on sustainable mobility ;


### it is particularly important that the commission carry out the appropriate consultations during its preparatory work , including at expert level . the commission should , when preparing and drawing up delegated acts , ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council . ### it is particularly important that the commission carry out the appropriate consultations during its preparatory work , including at expert level which comprises the rail sector . the commission should , when preparing and drawing up delegated acts , ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council .


### the power to adopt delegated acts referred to in articles 3 and 4 shall be conferred on the commission for an indeterminate period of time from [ publications office : please insert the exact date of the entry into force of the amending regulation ] . ### the power to adopt delegated acts referred to in articles 3 and 4 shall be conferred on the commission for a period of five years from [ publications office : please insert the exact date of the entry into force of the amending regulation ] . the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration unless the european parliament or the council opposes such extension no later than three months before the end of each period .


### member states shall ensure that , eee including spare parts for its repair or its reuse placed on the market does not contain the substances listed in annex iv . ### member states shall ensure that , eee including spare parts for its repair or its reuse , updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in annex iv , part a .


### the following thematic areas have been identified as those where the establishment of a new kic has greatest potential to add value to existing activities and bring about a real boost to innovation : ### the following thematic areas have been identified as areas where the establishment of a new kic may bring added value to existing activities and result in a real boost to innovation . this list is , however , purely indicative in respect of the thematic areas which will finally be chosen for future kics :


### set up / customise a web based tool to provide a platform for knowledge sharing and networking around the eit . ### set up / customise a web - based tool to provide a platform for knowledge sharing and networking around the eit . this tool shall be used to encourage students , researchers , academics , teaching staff and entrepreneurs not currently involved in existing kics to learn about , and from , current work being carried out by existing kics and the plans for future waves of kics .


### kics not only build on their partners ' existing excellent research base , but are also the frontrunners for promoting and implementing the eit ' s educational mission . the objective is to educate and train talented people with the skills , knowledge and mindset needed in a global knowledge economy . to this end , the eit actively promotes , inter alia , the eit - labelled degrees by monitoring their quality and coherent implementation across kics . in this endeavour they will make extensive use of peer and expert evaluations , and establish a dialogue with national and quality assurance bodies . this will enhance the national and international recognition of the eit labelled qualifications and raise their attractiveness globally , while providing a platform for collaboration at international level . in the future , kics will be encouraged to expand their educational activities beyond post - graduate education to a greater variety of study modes to cater for a wider range of innovative , professional development activities , involving executive education , tailor - made training courses and summer schools . to enhance the impact of kics ' educational activities and to reach out to a wider audience , kics may envisage the design , on an experimental basis , of modules for undergraduate courses or packages targeted to school education . ### kics not only build on their partners ' existing excellent research base , but are also the frontrunners for promoting and implementing the eit ' s educational mission . the objective is to educate and train talented people with the skills , knowledge and mindset needed in a global knowledge economy . to this end , the eit actively promotes , inter alia , the eit - labelled degrees by monitoring their quality and coherent implementation across kics . in this endeavour a series of quality criteria shall be applied by kics for eit - labelled degrees , so that high academic standards be upheld , and ultimately that european universities ' reputation and prestige be ensured . in addition , they will make extensive use of peer and expert evaluations , and establish a dialogue with national and quality assurance bodies . this will enhance the national and international recognition of the eit labelled qualifications and raise their attractiveness globally , while providing a platform for collaboration at international level . in the future , kics will be encouraged to expand their educational activities beyond post - graduate education to a greater variety of study modes to cater for a wider range of innovative , professional development activities , involving executive education , tailor - made training courses and summer schools . universities shall continue to uphold academic freedom with respect to knowledge and research and , in seeking to establish synergies with business interests , shall take care to protect their individual curricula .


### make lessons learned and successes from kics systematically accessible to the wider eu innovation community and beyond . this may include the development of a repository of open course ware from the eit ' s and kics ' educational and training activities . ### make lessons learned and successes from kics systematically accessible to the wider eu innovation community and beyond . this shall include the development of a repository of open course ware from the eit ' s and kic ' s educational and training activities , which shall be made available to universities and higher education institutes throughout the eu .


### job - search assistance , occupational guidance , advisory services , mentoring , outplacement assistance , entrepreneurship promotion , aid for self - employment and business start - up or for changing or adjusting activity , co - operation activities , tailor - made training and re - training , including information and communication technology skills and certification of acquired experience ; ### job - search assistance , occupational guidance , advisory services , mentoring , outplacement assistance , entrepreneurship promotion , aid for self - employment , business start - up and employee take - overs or for changing or adjusting activity , co - operation activities , tailor - made training and re - training , including information and communication technology skills and certification of acquired experience ;


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within 12 weeks from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within six weeks of the date of receipt of a complete application or 18 weeks after the date of the initial application , whichever is the earlier .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and development , employment and social inclusion in the union by enabling the union to show solidarity towards workers made redundant , or people considered to have been made redundant for the purposes of this regulation , as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into stable , sustainable and quality employment , or for changing or adjusting their activities .


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business .