### ' public documents ' means documents issued by authorities of a member state and having formal evidentiary value relating to : birth ; death ; name ; marriage and registered partnership ; parenthood ; adoption ; residence ; citizenship and nationality ; real estate ; legal status and representation of a company or other undertaking ; intellectual property rights ; absence of a criminal record ; ### ' public documents ' means documents issued by authorities of a member state or by eu authorities , including union multilingual standard forms as referred to in article 11 , and having formal evidentiary value relating to : the identity of a natural person ; the signature of a natural person ; the civil status and family relationships of a natural person ; inheritance and the administration of estates ; residence ; civil rights and electoral rights ; immigration status ; academic qualifications and academic record ; health , including officially recognised disability ; citizenship and nationality ; real estate ; legal status and representation of a company or other undertaking ; the legal form and representation of other legal persons ; the tax obligations and status of a natural or legal person ; the tax and customs status of assets ; social insurance entitlements of all kinds ; intellectual property rights ; absence of a criminal record and / or entries in criminal records ;


### authorities shall not require parallel presentation of the original of a public document and of its certified copy issued by the authorities of other member states . ### authorities shall accept , instead of the original of a public document issued by the authorities of other member states or by eu authorities , a certified or uncertified copy thereof .


### where an authority has reasonable doubt as to the correctness or quality of the translation of a public document presented to it in an individual case , it may require a certified translation of that public document . in such a case , the authority shall accept certified translations established in other member states . ### where an authority has reasonable doubt as to the correctness or quality of the translation of a public document presented to it in an individual case , it may commission a certified or official translation of that public document . if there are substantial differences between the translation and the certified or official translation commissioned by the authority , the authority may require the person submitting the document to reimburse the costs of the translation .


### where the original of a public document issued by the authorities of one member state is presented together with its copy , the authorities of the other member states shall accept such copy without certification . ### if , in an individual case , an authority has reasonable doubts concerning the authenticity of an uncertified copy of a public document issued by the authorities of another member state or by eu authorities , it may require the original or a certified copy of that document to be submitted , the choice being at the discretion of the person submitting it . if an uncertified copy of such a public document is submitted with a view to the entry of a legal fact or legal transaction in a public register , for whose correctness public financial liability exists , the authority may also require the original or a certified copy of that document to be submitted , the choice being at the discretion of the person submitting it , in cases where there is no reasonable doubt concerning the authenticity of the copy .


### the scope of this regulation should cover public documents drawn up by authorities of the member states and having formal evidentiary value relating to birth , death , name , marriage or registered partnership , parenthood , adoption , residence , citizenship , nationality , real estate , legal status and representation of a company or other undertaking , intellectual property rights and absence of a criminal record . simplification of the acceptance of these categories of public documents between the member states should bring tangible benefits to union citizens and companies or other undertakings . because of their different legal nature , documents drawn up by private persons should be excluded from its scope . documents drawn up by authorities of third countries should likewise fall outside the scope of this regulation . ### the scope of this regulation should cover certain public documents drawn up by authorities of the member states and having formal evidentiary value . simplification of the acceptance of these categories of public documents between the member states should bring tangible benefits to union citizens and companies or other undertakings . because of their different legal nature , documents drawn up by private persons should be excluded from its scope . documents drawn up by authorities of third countries should likewise fall outside the scope of this regulation .


### establishment of union multilingual standard forms relating to parenthood , adoption , residence , citizenship and nationality , real estate , intellectual property rights and absence of a criminal record ; ### establishment of further union multilingual standard forms ;


### requests for information shall be accompanied by a scanned copy of the public document concerned or of its certified copy . the requests and any replies to those requests shall not be subject to any tax , duty or charge . ### requests for information shall be accompanied by a copy of the public document concerned or of its copy . the requests and any replies to those requests shall not be subject to any tax , duty or charge .


### ' public documents ' means documents issued by authorities of a member state and having formal evidentiary value relating to : birth ; death ; name ; marriage and registered partnership ; parenthood ; adoption ; residence ; citizenship and nationality ; real estate ; legal status and representation of a company or other undertaking ; intellectual property rights ; absence of a criminal record ; ### ' public documents ' means : documents drawn up by authorities of the member states ; documents drawn up by an authority or an official connected with the courts or tribunals of the member state , including those drawn up by a public prosecutor , a clerk of the court or a bailiff ; authentic instruments ; official certificates which are placed on documents signed by persons in their private capacity , such as official certificates recording the registration of a document or the fact that it was in existence on a certain date , and official and notarial authentications of signatures ;


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . in this connection , due consideration should be given to the impact of digitisation and new technologies on strategies for protecting intellectual property rights and on the proliferation of new creative niches that also require fair and balanced protection .


### enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy , including tracking and tracing systems ; ### enhancing and fostering the knowledge on , and further developing , technical tools to prevent and combat counterfeiting and piracy , including tracking and tracing systems ;


### the meetings referred to in point of article 2 may also be organised in working groups within the observatory . up to two representatives from the european parliament and up to two representatives from the commission shall be invited to the meetings of the working groups as observers . ### the meetings referred to in point of article 2 may also be organised in working groups within the observatory . up to two representatives from the european parliament and up to two representatives from the commission shall be invited to the meetings of the working groups .


### raising citizens ' awareness of the impact of infringements of intellectual property rights ; ### raising citizens ' awareness of the impact of infringements of intellectual property rights and ensuring balanced respect for the public’s right of access to culture ;


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . in this connection , particular attention should be paid to sectors which , by their very nature , generate value which is to a large extent intangible , such as the cultural and creative sector . also , a proper representation of consumers , small and medium sized enterprises and creators and users of cultural services and platforms should be ensured .


### a sound , harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the europe 2020 strategy . ### a global and balanced approach to intellectual property rights that is harmonised at eu level and also takes due account of world trade organisation rules , the related legal framework and the unesco convention on the protection and promotion of the diversity of cultural expressions is fundamental in the endeavour to fulfil the ambitions of the europe 2020 strategy and the digital agenda for europe .


### providing regular assessments and specific reports by economic sector , geographic area and type of intellectual property right infringed , which evaluate , inter alia , the impact of intellectual property rights infringements on society , economy , health , environment , safety and security , and the relation of such infringements with organized crime and terrorism ; ### providing regular assessments and specific reports by economic sector , geographic area and type of intellectual property right infringed , which evaluate , inter alia , the impact of intellectual property rights infringements on society , economy , health , environment , safety and security , and the relation of such infringements with organized crime and terrorism , and take account of the challenges posed by new information and communications technology in devising new models for management of these rights ;


### consumer organisations and small and medium sized enterprises shall be properly represented . ### consumer organisations , small and medium sized enterprises and representatives of the cultural and creative sector shall be properly represented . provision should also be made for the possible involvement of civic organisations representing users of cultural dissemination services and platforms and of cultural heritage preservation foundations .


### the economic well - being of the european union relies on sustained creativity and innovation . therefore measures for their effective protection are indispensible in ensuring its future prosperity . ### the economic well - being of the european union relies on sustained creativity and innovation . therefore measures for both their promotion and their effective protection are indispensible in ensuring that they will continue to be a source of prosperity in the future .


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


### assembling , in accordance with article 4 , the observatory at regular intervals ; ### assembling , in accordance with article 4 , the observatory at regular intervals and at least once a year , and duly providing information on the holding and outcome of such meetings via public consultation platforms ;


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


### intellectual property rights are vital business assets that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected . ### intellectual property rights provide an essential legal basis for ensuring that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected .


### improving the understanding on the value of intellectual property ; ### improving the understanding on the value and complexity of intellectual property in the new digital age ;


### researching , evaluating and promoting technical tools for professionals and benchmark techniques , including tracking and tracing systems which help to distinguish genuine from counterfeit products ; ### collecting information , researching , evaluating and promoting technical tools for professionals and benchmark techniques , including tracking and tracing systems which help to distinguish genuine from counterfeit products ;


### 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 . ### 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 for all assistance measures referred to in this regulation .


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


### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe , environmentally and socially sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators including relevant local knowledge essential for safe operations , the equipment needed in order to provide the relevant port service and compliance with maritime safety requirements , including the application of laws and agreements to protect health and safety and for the protection of the employees including the good repute of the provider regarding the respect of social and labour rights .


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , member states shall require that when designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### this regulation shall not affect the application of the social and labour rules of the member states . ### this regulation shall not affect the application of the social and labour rules applicable in the member states .


### however , a member state may maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health . a member state may also introduce more stringent provisions , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within six months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved . ### however , a member state shall have the right to maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health , provided that such provisions are compatible with the treaties and this directive as well as wto obligations , notably the rules on technical barriers to trade and the agreement on trade - related aspects of international property rights . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within six months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved .


### member states should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this directive , provided they are compatible with the treaty and do not jeopardise the full application of this directive . accordingly , member states could , for instance , maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the treaty , with wto obligations and do not affect the full application of this directive . a prior notification is required for technical regulations pursuant to directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on information society services . ### member states should remain free to maintain or introduce national legislations applying to domestic and imported products alike , for aspects falling outside the scope of this directive , provided they are compatible with the treaty and do not jeopardise the full application of this directive . accordingly , member states could , for instance , maintain or introduce provisions providing standardisation of packaging of tobacco products other than cigarettes and roll your own , provided that those provisions do not affect the full application of this directive and are compatible with the treaty . they must also be compatible with wto obligations , in particular those set out in the agreement on technical barriers to trade , agreements on trade - related intellectual property rights , and commitments undertaken in compliance with bilateral trade and investment agreements , which usually contain exceptions applying to public health . these provisions must form an instrument which will complement the fight against the counterfeiting of products concerned by this directive . a prior notification is required for technical regulations pursuant to directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on information society services .


### considerable volumes of illicit products , which do not comply with the requirements laid down in directive 2001 / 37 / ec , are placed on the market and indications are that these volumes might increase . such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations . in addition , the fctc obliges the union to fight against illicit products , as part of a comprehensive tobacco control policy . provision should thus be made for unit packets of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the union and their compliance with this directive can be monitored and better enforced . in addition , provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic . ### considerable volumes of illicit products , which do not comply with the requirements laid down in directive 2001 / 37 / ec , are placed on the market and indications are that these volumes might increase . such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations . in addition , the fctc obliges the union to fight against illicit products , as part of a comprehensive tobacco control policy . provision should thus be made for unit packets and any outside packaging of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the union and the illegal trafficking of tobacco and tobacco products can be combated , particularly along the external borders of the union but also from non - eu countries ; and so that their compliance with this directive can be monitored and better enforced . in addition , provision should be made for the introduction of security features for individual authentication that will facilitate the verification of whether or not products are authentic . the eu and the member states must take and must reinforce adequate steps to combat contraband and counterfeiting by improving checks of the product supply chain and imposing penalties on criminal networks .


### the intended shipment route ; ### the intended shipment route , the shipment date , the destination of the shipment , the sender and the addressee .


### the current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the member states and the commission to compare , analyse and draw conclusions from the information received . in this light there should be a common mandatory format for the reporting of ingredients and emissions . the greatest possible transparency of product information should be ensured for the general public , while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products . ### the current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the member states and the commission to compare , analyse and draw conclusions from the information received . making it mandatory to list the dangerous or potentially dangerous ingredients would enable greater transparency for the general public in terms of the harmful effects and the composition of tobacco products to be guaranteed , while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products and that the provisions of the directive are compatible with wto obligations , the provisions on technical barriers to trade and agreements on trade - related intellectual property rights .


### draft legislative resolution ### points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014 - 2020 ;


### changes in technical requirements need to be taken into account for reasons of safety of inland navigation and equivalence of certificates . in order to do so , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to adapt the annexes to this directive in line with scientific and technical progress or with developments in this area arising from the work of other international organisations , in particular the ccnr . it is particularly important that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council . ### changes in technical requirements need to be taken into account for reasons of safety of inland navigation and equivalence of certificates . in order to do so , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to adapt the annexes to this directive in line with scientific and technical progress or with developments in this area arising from the work of other international organisations , in particular the ccnr . the commission shall , in an open and transparent manner carry out appropriate consultations with all stakeholders during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council .


### financial audit shall exclusively aim at verifying that the conditions for reimbursements by the commission on the basis of standard scales of unit costs and lump sums have been fulfilled . ### any financial audit deemed necessary shall aim at verifying that the conditions for reimbursements by the commission on the basis of standard scales of unit costs and lump sums have been fulfilled .


### the power to adopt delegated acts referred to in article 2 , article 3 and article 4 shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in article 2 , article 3 and article 4 shall be conferred on the commission for a period of five years from . 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 .


### over the last decade , environmental issues , such as resource efficiency , biodiversity , climate change , and disaster risks , have become more important in policy making and should therefore also constitute critical elements in assessment and decision - making processes , especially for infrastructure projects . ### over the last decade , environmental issues , such as resource efficiency and sustainability , biodiversity protection , combating climate change , and natural and man - made disaster risks , have become more important in policy making . they should therefore also constitute critical elements in the assessment and decision - making processes for any public or private project likely to have a significant impact on the environment , especially for infrastructure projects .


### climate change will continue to cause damage to the environment and compromise economic development . accordingly , the environmental , social and economic resilience of the union should be promoted so as to deal with climate change throughout the union’s territory in an efficient manner . climate change adaptation and mitigation responses need to be addressed across many of the sectors of union legislation . ### climate change will continue to cause damage to the environment and compromise economic development . accordingly , the environmental , social and economic resilience of the union should be promoted so as to deal with climate change throughout the union’s territory in an efficient manner . climate change adaptation and mitigation responses need to be addressed now across many of the sectors of union legislation .


### the environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project , including the likely evolution of the existing state of the environment without implementation of the project , as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design . ### the environmental report of a project to be provided by the developer should include an assessment of all reasonable alternatives relevant to the proposed project , including the likely evolution of the existing state of the environment without implementation of the project , as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design .


### when determining whether significant environmental effects are likely to be caused , the competent authorities should identify the most relevant criteria to be considered and use the additional information that may be available following other assessments required by union legislation in order to apply the screening procedure effectively . in this regard , it is appropriate to specify the content of the screening decision , in particular where no environmental assessment is required . ### when determining whether significant environmental effects are likely to be caused , the competent authorities must define clearly and strictly the most relevant criteria to be considered and use the additional information that may be available following other assessments required by union legislation in order to apply the screening procedure effectively and transparently . in this regard , it is appropriate to specify the content of the screening decision , in particular where no environmental assessment is required .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes net positions and exposures in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 during a period of 90 consecutive days , it shall be subject to the clearing obligation set out in article 3 with regard to all eligible otc derivative contracts and notify the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec thereof .


### esma shall submit a draft to the commission for those regulatory technical standards by 30 june 2012 . ### esa shall submit a draft to the commission for those regulatory technical standards by 30 june 2012 , following a public consultation .


### a financial counterparty shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . ### a financial counterparty and a non - financial counterparty as referred to in article 7 shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . there shall be no clearing obligation upon either of the counterparties if at least one of them is a non - financial counterparty which is below the clearing threshold .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes net positions and exposures in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts that exceed the clearing threshold on 90 consecutive days .


### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral or the appropriate and proportionate holding of capital . ### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral consistent with prevailing market practices or in the case with financial counterparties the appropriate and proportionate holding of capital .


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties which exceed the clearing threshold referred to in article 7 which enter into eligible otc derivative contracts with third country entities .


### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec . ### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their otc derivative contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec .


### esma shall develop draft regulatory technical standards for submission to the commission by 30 june 2012 . ### esma shall submit those draft regulatory technical standards to the commission , following public consultation , by 30 june 2012 .


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities which are similarly either financial counterparties or non - financial counterparties exceeding the clearing threshold .


### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning rules on the applicability of the fishing authorisation to small vessels . ### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning the conditions for exemption of small vessels from the obligation to hold fishing authorisations .


### the delegation of powers referred to in articles 7 , 8 , 9 , 14 , 15 , 17 , 21 , 22 , 49 , 51 , 52 , 58 , 58 , 59 , 60 , 65 , 65 , 73 , 74 , 75 , 92 , and 107 shall be conferred for an indeterminate period of time . ### the power to adopt delegated acts referred to in articles 7 , 8 , 9 , 14 , 15 , 17 , 21 , 22 , 49 , 51 , 52 , 58 , 58 , 59 , 60 , 65 , 65 , 73 , 74 , 75 , 92 and 107 shall be conferred on the commission for a period of three years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council oppose such extension no later than three months before the end of each period . __________________ * oj : please insert the date of the entry into force of this regulation .


### on the basis of a scientific evaluation of the biological impact of recreational fisheries as referred to in paragraph 3 , where a recreational fishery is found to have a significant impact , management measures such as fishing authorisations and catch declarations may be adopted in accordance with the treaty . ### the scientific , technical and economic committee for fisheries shall evaluate the biological impact of recreational fisheries as referred to in paragraph 3 . where a recreational fishery is found to have a significant impact , management measures such as fishing authorisations and catch declarations may be adopted in accordance with the treaty .


### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; funding of european level observatories . ### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; support with action and operating grants for ngos or other organisations pursuing the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; funding of european level observatories .


### violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge . such violence is present throughout the union and coordinated action is necessary in order to address it . taking action to combat violence against women contributes to the promotion of equality between women and men . ### violence against women in all its forms is a structural phenomenon linked to the unequal distribution of power between women and men in our society and constitutes a violation of fundamental rights and a serious health scourge . violence against women , children and other vulnerable persons is present throughout the union and coordinated action that builds on the methods and results of the daphne programmes is necessary in order to address it . taking action to combat violence against women contributes to the promotion of equality between women and men .


### non - discrimination based on sex , racial or ethnic origin religion or belief , disability , age or sexual orientation and equality between women and men are values common to the member states . combating all forms of discrimination is an ongoing goal which requires coordinated action , including by the allocation of funding . ### pursuant to articles 10 and 19 tfeu , the union is to aim to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and mainstream equality . non - discrimination is also enshrined in article 21 of the charter of fundamental rights of the european union . combating all forms of discrimination and protecting the rights of persons with disabilities arise from the accession of the union to the un convention on the rights of persons with disabilities are on - going goals which require coordinated action , including by the allocation of funding .


### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events , development of online / other training modules ; ### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events , development of online / other training modules ; where relevant , these activities shall include the gender and anti - discrimination perspective ;


### the communication from the commission on europe 2020 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy . ### the communication from the commission on europe 2020 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , promoting equality between women and men , tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy .


### the communication from the commission on europe 20207 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy . ### the communication from the commission on europe 2020 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , promoting equality between women and men , tackling discrimination and inequalities , protecting the rights of persons with disabilities and promoting citizenship , contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy .


### violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge . such violence is present throughout the union and coordinated action is necessary in order to address it . taking action to combat violence against women contributes to the promotion of equality between women and men . ### violence against women , children , young persons and other groups at risk in all its forms constitutes a genuine violation of fundamental rights and a serious threat to the physical and psychological of the victims of those acts . it is also the result of cultural and social factors , as well as a persistent inequality between men and women and an unequal distribution of power between men and women in our societies . such violence is present throughout the union and coordinated action is necessary based on the methods and results of the daphne programmes . taking action to combat violence against women contributes to the promotion of equality between women and men . as the daphne programmes have been a genuine success since their launch in 1997 , both in terms of their popularity with stakeholders and in terms of the effectiveness of the projects funded by the programmes , it is essential that the programme clearly identify projects relating to the objectives of preventing and combating violence against children , teenagers , women and other groups at risk as ' ' daphne ' ' so as to keep the daphne programmes ' profile as high as possible .


### in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2020 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route . ### in the report , the commission shall consider and , where appropriate , make proposals on , extension of the coverage of emissions from activities to and from countries outside the eea from 2017 onwards . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route .


### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2020 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ; ### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2016 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ;


### ' qualifying portfolio undertaking ' means an undertaking that , at the time of an investment by the eusef , is not listed on a regulated market as defined in point of article 4 of directive 2004 / 39 / ec , which either has an annual turnover not exceeding eur 50 million , or an annual balance sheet total not exceeding eur 43 million , which is not itself a collective investment undertaking and which : ### ' qualifying portfolio undertaking ' means an undertaking which is not itself a collective investment undertaking and that , at the time of an investment by the eusef , is not listed on a regulated market as defined in point of article 4 of directive 2004 / 39 / ec , which , except in the case of undertakings dealing with social housing or other sectors with social relevance having a high investment intensity , either has an annual turnover not exceeding eur 50 million , or an annual balance sheet total not exceeding eur 43 million , and which :


### the practical application of the criteria for identifying qualifying portfolio undertakings and the impact of this on the development of social undertakings across the union ; ### the practical application of the criteria for identifying qualifying portfolio undertakings and the impact of this on the development of social undertakings across the union and their positive social impact ;


### conduct of their business activities so as to promote the best interests of the eusefs they manage , the investors in those eusefs , and the integrity of the market ; ### conduct of their business activities so as to promote the positive social impact of the qualifying portfolio undertakings invested in , the best interests of the eusefs they manage , the investors in those eusefs , and the integrity of the market ;


### the commission shall be empowered to adopt delegated acts in accordance with article 24 specifying the methods for calculating the threshold as referred in paragraph 1 of this article and for monitoring compliance with this threshold on an ongoing basis . ### the commission shall be empowered to adopt delegated acts in accordance with article 24 specifying the methods for calculating the appropriate thresholds as referred in paragraph 1 of this article and for monitoring compliance with this threshold on an ongoing basis .


### - the undertaking provides services or goods to vulnerable or marginalised persons ; or ### - the undertaking provides services or goods with a social return , and / or


### social undertakings include a large range of undertakings , taking various legal forms , that provide social services or goods to vulnerable or marginalised persons . such services include access to housing , healthcare , assistance for elderly or disabled persons , child care , access to employment and training as well as dependency management . social undertakings also include undertakings that employ a method of production of goods or services with a social objective , but whose activities may be outside the realm of the provision of social goods or services . those activities include social and professional integration by means of access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalisation . ### social undertakings include a large range of undertakings , taking various legal forms , that provide social services or goods to vulnerable or marginalised persons , in order to promote and ensure equal access to these goods and services . such services include but are not limited to combating poverty , access to housing , healthcare , assistance for elderly or disabled persons , child care , access to education , including early childhood education , employment and training as well as dependency management . social undertakings also include undertakings that employ a method of production of goods or services with a social objective , but whose activities may be outside the realm of the provision of social goods or services . those activities include but are not limited to social and professional integration by means of access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalisation .


### social undertakings include a large range of undertakings , taking various legal forms , that provide social services or goods to vulnerable or marginalised persons . such services include access to housing , healthcare , assistance for elderly or disabled persons , child care , access to employment and training as well as dependency management . social undertakings also include undertakings that employ a method of production of goods or services with a social objective , but whose activities may be outside the realm of the provision of social goods or services . those activities include social and professional integration by means of access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalisation . ### a social undertaking is an enterprise the primary objective of which is to achieve social impact rather than generate profit for owners and shareholders . it operates in the market through the production of goods and services in an entrepreneurial and innovative way , and uses surpluses mainly to achieve social goals . it is managed in an accountable and transparent way , in particular by involving workers , customers and stakeholders affected by its business activity . such services include access to housing , healthcare , assistance for elderly or disabled persons , child care , access to employment and training as well as dependency management . social undertakings also include undertakings that employ a method of production of goods or services with a social objective , but whose activities may be outside the realm of the provision of social goods or services . those activities include social and professional integration by means of access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalisation .


### uses its profits to achieve its primary objective instead of distributing profits and has in place predefined procedures and rules for any circumstances in which profits are distributed to shareholders and owners ; ### reinvests its profits to achieve its primary objective and has in place predefined procedures and rules for any circumstances in which profits are distributed ; such rules shall ensure that any distribution of profits cannot undermine the primary objective ;


### apply a high level of diligence in the selection and ongoing monitoring of investments in qualifying portfolio undertakings ; ### apply a high level of diligence in the selection and ongoing monitoring of investments in qualifying portfolio undertakings and their positive social impact ;


### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society ; ### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right or a right to remuneration laid down by law ;


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


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


### tariffs for exclusive rights shall reflect the economic value of the rights in trade and of the service provided by the collecting society . ### tariffs for exclusive rights and rights to remuneration shall properly reflect the economic value of the use of the rights in trade and the nature and scope of use of the works and other protected subject - matter and the economic value of the service provided by the collecting society .


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage the rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months .


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


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


### collecting societies shall accept rightholders as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective criteria . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available . ### collecting societies shall accept rightholders , or any other members as defined in article 3 , as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective and transparent criteria . the rightholder must be given a clear explanation as to why the request for membership was refused . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available . the criteria must be non - discriminatory and must not result in members being arbitrarily excluded on the grounds of the size of their repertoire , the expected volume of income in the form of fees or earlier licensing agreements .


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


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the general meeting of members shall decide on the use of the amounts concerned in accordance with article 7 ( b .


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


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which : owned or controlled by its members ; and / or b ) is a non profit making body ;


### any restriction on the right of the members of the collecting society to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria : ### any restriction on the right of the members of the collective management organisation to participate and to exercise voting rights at the general meeting shall be prohibited .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### unlike other creative sectors where direct licensing plays a more prominent role , the collective management of authors ' rights on a territorial basis remains the norm in the music sector . therefore it is essential to create conditions conducive to the most effective licensing practices by collective management organisations , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collective management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society , without abusing its market power . the development of legal online music services across the union should also contribute to a decrease in unauthorized copying of music .


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


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright and which is owned or controlled by its members or which is a not - for - profit organisation ;


### the collecting society shall not apply deductions , other than management fees , to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society , unless the other collecting society expressly consents to such deductions . ### member states shall ensure that a collective management organisation does not apply deductions , other than reasonable management fees , to the rights revenue derived from the rights it manages on the basis of a representation agreement , and to any income arising from the investment of that rights revenue .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collective management organisations . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use .


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


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


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a blanket licence from a local collecting society for the rights to the world repertoire of musical works in order to communicate and make available to the public their own television and radio programmes and online services related to their broadcasts , such as material which supplements , enriches or otherwise expands on the broadcaster ' s programme offerings . such blanket licences for broadcasters respond to an actual need , are well established and generally accepted by right holders , broadcasters and collective management organisations alike . this directive should therefore maintain that established practice so as to avoid the application of different rules for the licensing of broadcasters ' offline and online services . for this reason it is necessary to exempt collective management organisations from the application of title iii when they license online services to broadcasters that are related to their offline broadcast services . this should not operate so as to distort competition with other services which give consumers access to individual musical works online , or lead to restrictive practices , such as market or customer sharing , and should remain in compliance with national and union law , in particular articles 101 or 102 of the treaty on the functioning of the european union .


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights in the interest of online accessibility , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and make possible online offers connected to linear broadcasting . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union .


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


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


### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . ### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . agreements shall be concluded on the basis of a framework contract which shall be published on the collecting society ' s website and which shall specifically and transparently set out the deductions applicable to the rights revenue referred to in point of article 16 .


### the requested collecting society shall accept such a request if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies . ### the requested collective management organisation shall accept such a request within 1 month after receipt , if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collective management organisations .


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage the rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collective management organisations . it also lays down requirements for multi - territorial licensing by collective management organisations of authors ' rights in musical works for online use .


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


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


### the policy on the distribution of the amounts due to rightholders , except where the general meeting decides to delegate this decision to the body exercising the supervisory function ; ### the general policy on the distribution of the amounts due to rightholders ;