### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . fundamentally equal treatment and non - discrimination in forwarding data packages , irrespective of content , service , application , origin or destination , must be safeguarded by law throughout the eu , to provide a lasting guarantee that all internet users can in principle openly access or provide any kind of online content , services or applications in accordance with the principle of net neutrality . access network operators are subject to a general obligation to forward data packages by providing transfer services of an appropriate level of quality that reflects advances in technological progress to users , regardless of origin and destination or the content , services and applications to be transferred . the openness and non - discriminatory nature of the internet is the key driver for innovation , for safeguarding media freedom and pluralism and cultural diversity , and for economic efficiency . these essential characteristics help ensure freedom and diversity of expression in the media and in the cultural sector . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific content , services or applications . these tendencies require clear rules to enshrine the principle of net neutrality in law at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . an open internet which works on the best effort principle should not be undermined by the development of other products and services .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . fundamentally equal treatment and non - discrimination in forwarding data packages , irrespective of content , service , application , origin or destination , must be safeguarded by law throughout the eu , to provide a lasting guarantee that all users of internet services have in principle access to all content , services or applications on the internet or can offer these themselves . access network operators are subject to a general obligation to forward data packages by providing transfer services of an appropriate level of quality to users , regardless of origin and destination or the content , services and applications to be transferred . this level of quality must be continuously developed in line with technological progress . the open and non - discriminatory nature of the internet is the key driver of innovation and economic efficiency . these essential characteristics help secure the freedom and diversity of expression , the media and culture . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . an open internet which works exclusively on the best - effort principle should not be undermined or have its future development hindered by the development of other products and services .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute data and information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures .


### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired . ### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired and that volume limits on internet traffic are applied in a non - discriminatory manner , independent of the sender , receiver , type , content , device , service or application in accordance with the principle of net neutrality .


### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired . ### volume - based tariffs should be considered compatible with the principle of an open internet as long as they allow end - users to choose the tariff corresponding to their normal data consumption based on clear , transparent and explicit information about the conditions and implications of such choice . at the same time , such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes . it is essential that end - users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable , that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### there is also end - user demand for services and applications requiring an enhanced service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing , gaming and certain health applications . end - users should therefore also be free to conclude voluntary agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are concluded with a provider of internet access services , that provider shall ensure that the enhanced quality is not to the detriment of the performance , affordability or quality of internet access services and does not restrict net neutrality . however , specialised services should remain the exception and should not be marketed or widely used as a substitute for internet access services ;


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### there is also end - user demand for services and applications requiring optimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an optimised quality of service with either providers of electronic communications to the public or providers of content , applications or services . where such agreements are implemented alongside internet access services , the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access .


### with respect to terminal equipment , contracts should specify any restrictions imposed by the provider on the use of the equipment , for example by way of ‘ sim - locking’ mobile devices , and any charges due on termination of the contract prior to the agreed expiry date . no charges should be due after expiry of the agreed contract duration . ### with respect to terminal equipment , contracts should specify , clearly and comprehensibly , any restrictions imposed by the provider on the use of the equipment , for example by way of ‘ sim - locking’ mobile devices , and any charges due on termination of the contract prior to the agreed expiry date . no charges should be due after expiry of the agreed contract duration .


### providers of electronic communications services and networks have the right , the ability and the incentive to develop , extend and operate their networks and to provide services irrespective of where the provider is established or its customers are situated in the union , ### providers of electronic communications services and networks have the right , the ability and the incentive to develop , extend and operate their networks and to provide interoperable services at european level , based on standardised open data and formats , irrespective of where the provider is established or its customers are situated in the union ,


### ‘ internet access service’ means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ‘ internet access service’ means a publicly available electronic communications service that provides connectivity to the internet , and therewith connectivity between virtually all end points of the internet , irrespective of the network technologies used ;


### the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . ### the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated , interoperable , open multi - territorial networks and services , based on shared standards , and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users .


### the national competent authorities shall apply the least onerous authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by european electronic communications providers . ### the national competent authorities shall apply the most efficient authorisation system possible for allowing the use of radio spectrum , on the basis of objective , transparent , non - discriminatory and proportionate criteria , in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the union for integrated multi - territorial investments and operations by electronic communications providers .


### ensuring the most efficient use and effective management of radio spectrum ; ### ensuring the most efficient use and effective management of radio spectrum as well as availability of unlicensed spectrum ;


### achieve an optimal distribution between immediate and , if any , periodic payments , having regard in particular to the need to incentivise rapid network roll - out and radio spectrum utilisation in accordance with article 9 and . ### achieve an optimal distribution between upfront and , preferably , periodic payments , having regard in particular to the need to incentivise rapid network roll - out and radio spectrum utilisation in accordance with article 9 and .


### establish a common timetable for the union as a whole , or timetables appropriate to the circumstances of different categories of member states , the date or dates by which individual rights of use for a harmonised band , or a combination of complementary harmonised bands , shall be granted and actual use of the radio spectrum shall be allowed for exclusive or shared provision of wireless broadband communications throughout the union ; ### a common timetable for the union as a whole , or timetables appropriate to the circumstances of different categories of member states , the date or dates by which individual rights of use for a harmonised band , or a combination of complementary harmonised bands , shall be granted and actual use of the radio spectrum shall be allowed for exclusive or shared provision of wireless broadband communications throughout the union ;


### determine a minimum duration for the rights granted in the harmonised bands ; ### determine a duration for the rights granted in the harmonised bands which will be appropriate to incentivise investment and competition , and discourage the under - use or ‘ hoarding’ of spectrum by licence holders .


### determine a minimum duration for the rights granted in the harmonised bands ; ### a minimum duration for the rights granted in the harmonised bands ;


### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission may adopt implementing acts defining the format and procedures for the provision of such information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission may adopt delegated acts defining the format and procedures for the provision of such information . those delegated acts shall be adopted in accordance with article 32 .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### open internet access shall be fully guaranteed in accordance with article&#160 ; 2 , so as to enable end - users to access and distribute any information and content they choose , run applications and use services and terminal devices of their choice via their open internet access service , irrespective of the source or destination of such information , content , applications or services . access network operators shall be subject to a general forwarding obligation in accordance with the best - effort principle .


### the exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with article 25 , article 26 , and article 27 and . ### end - users as well as content , application , and service providers , including the media and cultural industries and governments at all levels , shall be provided with complete information in accordance with article 20 , article 21 and article 21a of directive 2002 / 22 / ec and article 25 , article 26 , and article 27 and of this regulation , including information on any reasonable traffic management measures applied that might affect access to and distribution of information , content , applications and services as specified in paragraphs 1 and 2 .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . to that purpose , the competent national regulatory authority shall : be mandated to regularly monitor and report on internet traffic management practices and usage polices , in order to ensure network neutrality , evaluate the potential impact of the aforementioned practices and policies on fundamental rights , ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the internet . reporting should be done in an open and transparent fashion and reports shall be made freely available to the public ; put in place appropriate , clear , open and efficient procedures aimed at addressing network neutrality complaints . to this end , all internet users shall be entitled to make use of such complaint procedures in front of the relevant authority ; respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle . this authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner . they shall , in cooperation with other competent national authorities and the european data protection supervisor , also monitor the effects of specialised services on cultural diversity , competition and innovation . national regulatory authorities shall report on an annual basis to the public , the commission and berec on their monitoring and findings .


### in order to achieve the targets and objectives of the union strategy for smart , sustainable and inclusive growth , the csf funds should focus their support on a limited number of common thematic objectives . the precise scope of each of the csf funds shall be set out in funds - specific rules and may be limited to only some of the thematic objectives defined in this regulation . ### in order to achieve the targets and objectives of the union strategy for smart , sustainable and inclusive growth , the csf funds should focus their support on a limited number of common thematic objectives . in its resolution of 8 june 2011 , the european parliament expressed the belief that member states and regions should concentrate eu and national resources on a small number of priorities and projects that are of genuine european relevance , such as r&d and innovation , responding to the specific challenges that they face . the european parliament requested , in this context , that the commission draw up concrete proposals to ensure a stronger thematic concentration of cohesion funding on the europe 2020 priorities , and considered that a more result - oriented system than the current ‘ earmarking’ should be put in place , while ensuring that due consideration is made to ‘ region specific’ needs and priorities . the precise scope of each of the csf funds shall be set out in funds - specific rules and may be limited to only some of the thematic objectives defined in this regulation .


### on the basis of the common strategic framework adopted by the commission , each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds . ### on the basis of the common strategic framework each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019


### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf . ### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive a share of their 2007 - 2013 allocation that is inversely proportional to their gdp per capita . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf .


### all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 shall receive an allocation under the structural funds equal to at least two thirds of their 2007 - 2013 allocation . ### all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 shall receive an allocation , under the structural funds , equivalent to a share of their 2007 - 2013 allocation , that is inversely proportional to their gdp per capita .


### it is appropriate to clarify that for the purpose of verifying compliance with the target of 95g co2 / km , co2 emissions should continue to be measured in accordance with regulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information10 and its implementing measures and innovative technologies . ### it is appropriate to clarify that for the purpose of verifying compliance with the target of 95g co2 / km , co2 emissions should continue to be measured in accordance with regulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information10and its implementing measures and innovative technologies . however , studies carried out by the commission have demonstrated that the test procedures used to measure co2 emissions under that regulation have not prevented an increased utilisation of flexibilities by manufacturers which have resulted in alleged co2 emissions reductions that are not attributed to technological improvements and cannot be achieved in real driving on the road . therefore , regulation no 715 / 2007 should be reviewed as a matter of urgency in order to ensure that test procedures reflect adequately the real co2 emissions behaviour of cars .


### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles . ### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe , which should be integrated , after its completion , into union legislation . the commission should consider the need to supplement the wltp by additional provisions when integrating it into union law in order to ensure that test procedures reflect adequately the emissions generated by real driving on the road . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles .


### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment , on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass . nevertheless , the lower cost and merits of a change to footprint as the utility parameter should be considered in the future review . ### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment . on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass , since manufacturers have planned their compliance pathways to 2020 on the basis of continuation of the current parameter . nevertheless , the lower cost and merits of footprint would justify its use as the utility parameter from 2025 onwards . therefore , in order to ensure a smooth transition to a future shift from mass to footprint , it is appropriate to introduce a footprint - based formula , which may be used from 2016 onwards by manufacturers as an alternative to the mass - based formula .


### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 500 new passenger cars registered in the eu in the previous calendar year . ### articolul 4 , articolul 8 alineatul literele și article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 5000 new passenger cars registered in the eu in the previous calendar year . ’


### ' article 5a super - credits for 95 g co2 / km target in calculating the average specific emissions of co2 , each new passenger car with specific emissions of co2 of less than 35 g co2 / km shall be counted as 1 . 3 passenger cars in the period from 2020 to 2023 and as 1 passenger car from 2024 onwards . 2 . the maximum number of new passenger cars to be taken into account in the application of the multipliers set out in paragraph 1 for the period 2020 to 2023 shall not exceed a cumulative total of 20 000 new registrations of passenger cars per manufacturer . ' ### ' article 5a ultra - low carbon vehicles from 2020 onwards : the average specific emissions target of co2 of each manufacturer who is responsible for the registration in the union market of more than 5% of new passenger cars with specific emissions of less than 50 g co2 / km shall be increased by 2 g co2 / km ; the average specific emissions target of co2 of each manufacturer who is responsible for the registration in the union market of less than 4% of new passenger cars with specific emissions of co2 of less than 50 g co2 / km shall be reduced by 1 g co2 / km ; the average specific emissions target of co2 of manufacturers who are responsible for the registration in the union market of 4% to 5% of new passenger cars with specific emissions of co2 of less than 50 g co2 / km shall not be affected . 2 . from 2020 and each subsequent calendar year , the commission shall , on the basis of the information provided by member states in accordance with article 8 , calculate to what extent the credits and debits obtained under the provisions of this article affect the level of the target set out in article 1 . '


### by 31 october 2014 , and every three years thereafter , measures shall be adopted to amend annex i to adjust the figure m0 , referred to therein , to the average mass of new passenger cars in the previous three calendar years . ### by 31 october 2014 , and every three years thereafter , measures shall be adopted to amend annex i to adjust the figures m0 and f0 , referred to therein , to the average mass and footprint respectively of new passenger cars in the previous three calendar years .


### the power to adapt delegated acts referred to in the second subparagraph of article 8 , article 11 , the third subparagraph of article 13 and article 13 , shall be conferred on the commission for an indeterminate period from [ the date of entry into force of this regulation ] . ### the power to adapt delegated acts referred to in the second subparagraph of article 8 , article 11 , the third subparagraph of article 13 and article 13 , shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not 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 not later than three months before the end of each period .


### from 2020 : specific emissions of co2 = 95 + a × where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ### ' from 2020 : one of the following formulae should be used : specific emissions of co2 = 95 + a &#215 ; where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ii ) specific emissions of co2 = 95 + b × where : f = footprint of vehicle in square metres f0 = the value adopted pursuant to article 13 b = 17 , 6 '


### in order to enhance the independence of statutory auditors and audit firms from the audited entity when carrying out statutory audits , any person or entity that holds rights in an audit firm should be independent of the audited entity and should not be involved in the process of decision making of the audited entity . ### in order to enhance the independence of statutory auditors and audit firms from the audited entity when carrying out statutory audits , any person or entity that holds rights or has ownership in an audit firm should be independent of the audited entity and should not be involved in the process of decision making of the audited entity .


### since the objective of this directive , namely reinforcing investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the union cannot be sufficiently achieved by member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely reinforcing public oversight with regard to the auditing of public interest entities and investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the union cannot be sufficiently achieved by member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### paragraph 4 is deleted . ### paragraph 4 is replaced by the following : ' 4 . a member state may limit the cover provided for in this directive to a specified percentage of an investor ' s claim . the percentage covered shall , however , be equal to or exceed 70 % of the claim as long as the amount to be paid under the compensation scheme is lower than as provided for in this directive . '


### the unprecedented global financial crisis and economic downturn have seriously damaged economic growth and financial stability and provoked a strong deterioration in financial and economic conditions in several member states . in particular , certain member states are experiencing serious difficulties or are threatened with such difficulties , notably with problems in their economic growth and financial stability and with a deterioration in their deficit and debt position , also as a result of the international economic and financial environment . ### the unprecedented long - lasting global financial crisis and economic downturn have seriously damaged economic growth and financial stability and provoked a strong deterioration in financial , economic and social conditions in the member states . in particular , certain member states are experiencing serious difficulties or are threatened with such difficulties , notably with problems in their economic growth and financial stability and with a deterioration in their deficit and debt position , also as a result of the international economic and financial environment .


### whilst important actions to counterbalance the negative effects of the crisis have already been taken , including amendments of the legislative framework , the impact of the financial crisis on the real economy , the labour market and citizens is being widely felt . pressure on national financial resources is increasing and further steps should be taken to alleviate that pressure through the maximum and optimal use of the funding from the structural funds and the cohesion fund . in view of the persisting financial difficulties , it is necessary to extend the application of the measures adopted by amending regulation no 1311 / 2011 of the european parliament and of the council . these measures were adopted pursuant to articles 122 , 136 and 143 of the treaty on the functioning of the european union . ### whilst important actions to counterbalance the negative effects of the crisis have already been taken , including amendments of the legislative framework , the impact of the financial crisis on the real economy , the labour market and citizens is being widely felt . pressure on national financial resources is increasing and further steps should be taken urgently to alleviate that pressure through the maximum and optimal use of the funding from the structural funds and the cohesion fund . in view of the persisting financial difficulties , it is necessary to extend the application of the measures adopted by amending regulation no 1311 / 2011 of the european parliament and of the council . these measures were adopted pursuant to articles 122 , 136 and 143 of the treaty on the functioning of the european union .


### agreements providing for investment protection typically include an investor - to - state dispute settlement mechanism , which allows an investor from a third country to bring a claim against a state in which it has made an investment . investor - to - state dispute settlement can result in awards for monetary compensation . furthermore , significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case . ### in the cases where it is justifiable , future investment protection agreements concluded by the union can include an investor - to - state dispute settlement mechanism , which allows an investor from a third country to bring a claim against a state in which it has made an investment . investor - to - state dispute settlement can result in awards for monetary compensation . furthermore , significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case .


### financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement . this means that the union should bear the financial responsibility where the treatment concerned is afforded by an institution , body or agency of the union . the member state concerned should bear the financial responsibility where the treatment concerned is afforded by a member state . however , where the member state acts in a manner required by the law of the union , for example in transposing a directive adopted by the union , the union should bear financial responsibility in so far as the treatment concerned is required by union law . the regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a member state and treatment required by union law . it will cover all actions taken by member states and by the european union . ### financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement . this means that the union should bear the financial responsibility where the treatment concerned is afforded by an institution , body or agency of the union . the member state concerned should bear the financial responsibility where the treatment concerned is afforded by a member state . however , where the member state acts in a manner required by the law of the union , for example in transposing a directive adopted by the union , it should not bear financial responsibility in so far as the treatment concerned is required by union law and the decision on the union ' s liability for its underlying legislative act should be reserved to the court of justice of the european union . the regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a member state and treatment required by union law . it will cover all actions taken by member states and by the european union .


### by &#8230 ; [ 4 years after the date of application of this regulation ] , member states shall provide the commission with information relating to the application of this regulation , in particular on the level of acceptance of the common european sales law , the extent to which its provisions have given rise to litigation and on the state of play concerning differences in the level of consumer protection between the common european sales law and national law . that information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the common european sales law . ### by &#8230 ; [ 4 years after the date of application of this regulation ] , member states shall provide the commission with information relating to the application of this regulation , assessing in particular the level of acceptance of the common european sales law , whether it has resulted in reduced transaction costs , the extent to which its provisions have given rise to litigation and the state of play concerning differences in the level of consumer protection between the common european sales law and national law . that information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the common european sales law .


### issues within the scope of the common european sales law but not expressly settled by it are to be settled in accordance with the objectives and the principles underlying it and all its provisions , without recourse to the national law that would be applicable in the absence of an agreement to use the common european sales law or to any other law . ### issues within the scope of the common european sales law but not expressly settled by it are to be settled in accordance with the national law that would be applicable in the absence of an agreement to use the common european sales law .


### regulation of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers ### regulation of the european parliament and of the council laying down the rules and general principles concerning the commission’s exercise of implementing powers in accordance with article 291 of the treaty on the functioning of the european union


### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning the commission ' s exercise of implementing powers .


### it is necessary to ensure that procedures for such control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec . ### it is necessary to ensure that procedures for control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty , the fact that the european parliament and the council are on an equal footing with regard to all acts adopted under the ordinary legislative procedure , as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec .


### criteria should be laid down to determine the procedure to be used for the adoption of implementing acts . in order to achieve greater consistency and in order to ensure that procedural requirements are proportionate to the nature of the implementing acts to be adopted , those criteria should be binding . ### without prejudice to the procedure to be used for the adoption of implementing acts , which is determined in the basic act , the examination procedure should in principle be used for the adoption of general implementing measures , where uniform conditions are needed .


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


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires uniform conditions of implementation and provides that the adoption of binding implementing acts by the commission be subject to the control of member states .


### the examination procedure may only apply for the adoption of : implementing measures of general scope ; other implementing measures relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy . ### the examination procedure shall in principle apply for the adoption of general implementing measures where uniform conditions are needed .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament , the council and the member states shall have equal access to the information referred to in paragraph 1 . to that end , the european parliament and the council shall be sent , at the same time as the members of the committees and on the same terms , all the information referred to in paragraph 1 .


### the impact of transmissible animal diseases and the measures necessary to control these diseases can be devastating for individual animals , animal populations , animal keepers and the economy . ### the impact of transmissible animal diseases and the measures necessary to control these diseases can be devastating for individual animals , animal populations , animal keepers and the economy in certain regions and countries .


### the current union animal health legislation consists of a series of linked and interrelated basic acts that lay down rules on animal health applying to intra - union trade , entry into the union of animals and products , disease eradication , veterinary controls , notification of diseases and financial support in relation to different animal species , but an overarching legal framework , providing harmonised principles across the sector is missing . ### the current union animal health legislation consists of a series of linked and interrelated basic acts that lay down rules on animal health applying to intra - union trade , entry into the union of animals and products , disease eradication , veterinary controls , notification of diseases and financial support in relation to different animal species , but an overarching legal framework , providing harmonised principles across the sector – and geared to the sustainable development of the livestock sector and safeguarding human lives and health – is missing .


### animal diseases are not only transmitted through direct contact between animals or between animals and humans . they are also carried further afield through water and air systems , vectors such as insects , or the semen , ova and embryos used in artificial insemination , ovum donation or embryo transfer . disease agents may also be contained in food and other products of animal origin such as leather , fur , feathers , horn and any other material derived from the body of an animal . moreover various other objects such as transport vehicles , equipment , fodder and hay and straw may diffuse disease agents . therefore , effective animal health rules need to cover all paths of infection and material involved therein . ### animal diseases are not only transmitted through direct contact between animals or between animals and humans . they are also carried further afield through water , soil and air systems , vectors such as insects , or the semen , ova and embryos used in artificial insemination , ovum donation or embryo transfer . disease agents may also be contained in food and other products of animal origin such as leather , fur , feathers , horn and any other material derived from the body of an animal . moreover various other objects such as transport vehicles , equipment , fodder and hay and straw may diffuse disease agents . therefore , effective animal health rules need to cover all paths of infection and material involved therein .


### animal diseases may have detrimental effects on the distribution of animal species in the wild , and thus affect biodiversity . microorganisms causing animal diseases can therefore fall within the definition of invasive alien species of the united nations convention on biological diversity . the measures provided for in this regulation also take account of biodiversity and thus this regulation should cover animal species and disease agents , including those defined as invasive animal species , which play a role in the transmission of , or are affected by , diseases covered by this regulation . ### animal diseases may have detrimental effects on the distribution of animal species in the wild , and thus affect biodiversity . microorganisms causing animal diseases can therefore fall within the definition of invasive alien species of the united nations convention on biological diversity . the measures provided for in this regulation also take account of biodiversity and thus this regulation should cover animal species and disease agents , including those defined as invasive animal species , which play a role in the transmission of , or are affected by , diseases covered by this regulation . this should include invasive pathogens , such as batrachochytrium dendrobatidis , an amphibian disease listed by the world organisation for animal health and causing population declines and extinction .


### union legislation adopted prior to this regulation and in particular council directive 92 / 65 / eec of 13 july 1992 laying down animal health requirements governing trade in and imports into the community of animals , semen , ova and embryos not subject to animal health requirements laid down in specific community rules referred to in annex a to directive 90 / 425 / eec21 also lays down basic animal health rules for other animal species not regulated in other union acts , such as reptiles , amphibians , marine mammals , and others which are not aquatic or terrestrial animals as defined in this regulation . usually , such species do not represent a significant health risk for humans or other animals and therefore only a few animal health rules , if any , apply . in order to avoid unnecessary administrative burdens and costs , this regulation should adhere to the approach adopted in the past , namely to provide the legal framework for detailed animal health rules for movements of such animals and their products to be laid down if the risks involved so require . __________________ 21 oj l 268 , 14 . 9 . 1992 , p . 54 . ### union legislation adopted prior to this regulation and in particular council directive 92 / 65 / eec of 13 july 1992 laying down animal health requirements governing trade in and imports into the community of animals , semen , ova and embryos not subject to animal health requirements laid down in specific community rules referred to in annex a to directive 90 / 425 / eec21 also lays down basic animal health rules for other animal species not regulated in other union acts , such as reptiles , amphibians , marine mammals , and others which are not aquatic or terrestrial animals as defined in this regulation . these species were not considered to represent a significant health risk for humans or other animals and therefore only a few animal health rules , if any , apply . evidence of reptile and amphibian species spreading salmonella to humans and fungal pathogens to wild amphibian populations suggest detailed rules for such species may be warranted . __________________ 21 oj l 268 , 14 . 9 . 1992 , p . 54 .


### the keeping of pet animals , including ornamental aquatic animals in households and non - commercial ornamental aquaria , both indoors and outdoors , generally represents a lower health risk compared to other ways of keeping or moving animals on a broader scale , such as those common in agriculture . therefore , it is not appropriate that the general requirements concerning registration , record keeping and movements within the union apply to such animals , as this would represent an unjustified administrative burden and cost . registration and record keeping requirements should therefore not apply to pet keepers . in addition , specific rules should be laid down for non - commercial movements of pet animals within the union . ### the keeping of pet animals , including ornamental aquatic animals in households and non - commercial ornamental aquaria , both indoors and outdoors , also poses a health risk . general requirements concerning registration , record keeping and movements within the union should apply to pet breeders , traders and keepers . dogs and cats which are moving across member states should be identified and registered in a database compatible with an eu - database . pet keepers should be encouraged to voluntarily identify and register other animals as part of responsible pet ownership .


### the keeping of pet animals , including ornamental aquatic animals in households and non - commercial ornamental aquaria , both indoors and outdoors , generally represents a lower health risk compared to other ways of keeping or moving animals on a broader scale , such as those common in agriculture . therefore , it is not appropriate that the general requirements concerning registration , record keeping and movements within the union apply to such animals , as this would represent an unjustified administrative burden and cost . registration and record keeping requirements should therefore not apply to pet keepers . in addition , specific rules should be laid down for non - commercial movements of pet animals within the union . ### the keeping of pet animals , including ornamental aquatic animals in households and non - commercial ornamental aquaria , both indoors and outdoors , generally represents a lower health risk compared to other ways of keeping or moving animals on a broader scale , such as those common in agriculture . therefore , it is not appropriate that the general requirements concerning registration , record keeping and movements within the union apply to such animals , as this would represent an unjustified administrative burden and cost . registration and record keeping requirements should therefore not apply to pet keepers but these rules should apply to commercial pet breeders and traders . in addition , specific rules should be laid down for non - commercial movements of pet animals within the union .


### for transmissible animal diseases that are not subject to measures laid down at union level , but which are of some economic importance for the private sector at a local level , the latter should , with the assistance of the competent authorities of the member states , take actions to prevent or control such diseases , for instance through self - regulatory measures or the development of codes of practice . ### for transmissible animal diseases that are not subject to measures laid down at union level , but which are of some economic importance for the private sector at a local level , member states should have the preparedness to respond and , together with the private sector , to take actions to prevent or control such diseases , for instance through developing practical measures to avert their harmful effects and establishing self - regulatory mechanisms and developing codes of practice .


### in contrast to the transmissible animal diseases described in recitals 26 and 27 , highly transmissible animal diseases may easily spread across borders and , if they are also a zoonosis , they may also have an impact on public health and food safety . hence highly transmissible animal diseases and zoonoses should be covered by this regulation . ### in contrast to the transmissible animal diseases described in recitals 26 and 27 , highly transmissible animal diseases may easily spread in cross - border areas on which joint action and decisions have to be taken by at least two countries and , if they are also a zoonosis , this may also have an impact on public health and food safety . hence highly transmissible animal diseases and zoonoses should be covered by this regulation .


### emerging diseases with the potential to cause serious public or animal health risks and impacts on health , the economy or the environment may appear in the future . following the assessment of such diseases and after adopting temporary emergency measures , when relevant , a quick reaction and insertion of such diseases in the list of listed diseases may be necessary . therefore the power to adopt acts in accordance with the urgency procedure should be delegated to the commission in these duly justified cases of risks to public or animal health . ### recognising that 60% of emerging infectious diseases are zoonotic and the majority originate in wildlife , it is likely that emerging diseases with the potential to cause serious public or animal health risks and impacts on health , the economy or the environment may appear in the future . following the assessment of such diseases and after adopting temporary emergency measures , when relevant , a quick reaction and insertion of such diseases in the list of listed diseases may be necessary . therefore the power to adopt acts in accordance with the urgency procedure should be delegated to the commission in these duly justified cases of risks to public or animal health .


### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . operators and other animal professionals should therefore acquire such knowledge as appropriate . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . ### knowledge of animal health is a prerequisite for efficient animal health management and essential in ensuring the prevention and early detection of animal diseases . operators and other animal professionals should therefore acquire knowledge as appropriate , including of disease symptoms , consequences of diseases , possible means of prevention including biosecurity , treatment and control , the dangers posed by anti - microbial resistance and the link between animal health and animal welfare and animal husbandry practices . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation .


### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . operators and other animal professionals should therefore acquire such knowledge as appropriate . that knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation . ### knowledge of animal health , including of disease symptoms , consequences of diseases and possible means of prevention including biosecurity , treatment and control , is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases . knowledge on how animal welfare and different farming practices can prevent animal health related threats is none the less important . operators and other animal professionals should therefore acquire , maintain and develop such knowledge as appropriate . member states shall support this process through relevant programmes in the agricultural or aquaculture sectors . this knowledge may be acquired by different means , for example formal education , but also through the farm advisory system existing in the agricultural sector or by informal training to which national and european farmer organisations and other organisations may be valuable contributors . those alternative means of acquiring such knowledge should also be recognised by this regulation .


### veterinarians and aquatic animal health professionals play a crucial role in all aspects of animal health management , and general rules concerning their roles and responsibilities should be laid down in this regulation . ### veterinarians and animal , including aquatic animal , health professionals play a crucial role in all aspects of animal health management , and general rules concerning their roles and responsibilities should be laid down in this regulation .


### in order to ensure that the veterinarians and aquatic animal health professionals who undertake activities that fall within the scope of this regulation are adequately qualified and receive appropriate training , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect to their qualification and training . ### in order to ensure that the veterinarians and aquatic animal health professionals who undertake activities that fall within the scope of this regulation are adequately qualified and receive appropriate training , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect to their qualification and training , and to develop procedures for the eu - wide recognition of the qualifications of those professionals .


### surveillance is a key element of disease control policy . it should provide for the early detection of transmissible animal diseases and efficient notification , thereby enabling the sector and the competent authority to implement , where feasible , timely disease prevention and control measures , and the eradication of a disease . furthermore , it should supply information on the animal health status of each member state and the union , thereby substantiating disease freedom and facilitating trade with third countries . ### surveillance is a key element of disease control policy . it should provide for the early detection of transmissible animal diseases and efficient notification , thereby enabling the sector and the competent authority to implement , where feasible , timely disease prevention and control measures , and the eradication of a disease . furthermore , it should supply information on the animal health status of each region and / or each member state and of the union as a whole , thereby substantiating disease freedom and facilitating trade within the union and with third countries .


### operators observe their animals on a regular basis and are best positioned to detect abnormal mortalities or other serious disease symptoms . operators are therefore the cornerstone of any surveillance and essential for the surveillance undertaken by the competent authority . ### operators observe their animals on a regular basis and are best positioned to detect abnormal behaviour , mortalities or other serious disease symptoms . operators are therefore the cornerstone of any surveillance and are essential for the surveillance undertaken by the competent authority .


### member states that are not free or are not known to be free from listed diseases which are subject to eradication measures as provided for in this regulation , should be required to establish compulsory eradication programmes to eradicate those diseases where the eradication is compulsory in the union , or have the possibility to establish voluntary eradication programmes , to eradicate those diseases where the eradication is envisaged in the union , but is not compulsory . to ensure uniform conditions of general application throughout the union , it is necessary to lay down harmonised requirements for such compulsory or voluntary eradication programmes . in order to ensure effective disease eradication , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the objectives of disease control strategies , disease control measures under the compulsory or voluntary eradication programmes and requirements of such programmes . ### member states that are not free or are not known to be free from listed diseases which are subject to eradication measures as provided for in this regulation , should be required to establish compulsory eradication programmes to eradicate those diseases where the eradication is compulsory in the union , or have the possibility to establish voluntary eradication programmes , to eradicate those diseases where the eradication is envisaged in the union , but is not compulsory . to ensure uniform conditions of general application throughout the union , it is necessary to lay down harmonised requirements for such compulsory or voluntary eradication programmes . in order to ensure effective disease eradication , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the objectives of disease control strategies , disease control measures under the compulsory or voluntary eradication programmes and requirements of such programmes . the commission should launch negotiated procedures with the countries neighbouring the eu aimed at establishing harmonised requirements for compulsory and voluntary and eradication programmes .


### in the event of an outbreak of a listed disease considered to represent a high risk to animal or public health in the union , it is necessary to take immediate disease control measures to eradicate that listed disease in order to protect animal and public health and the relevant sectors . ### in the event of an outbreak of a listed disease considered to represent a high risk to animal or public health in the union , it is necessary to take immediate disease control measures to eradicate that listed disease in the affected region in order to protect animal and public health and the relevant sectors . where it is necessary to cancel the ‘ disease - free’ status of an affected region , this should only apply to the territory of that region if there is no longer a danger of the disease spreading to neighbouring regions .


### the occurrence of a listed disease in wild animals may pose a risk to public health and the health of kept animals . special rules should therefore be laid down for disease control and eradication measures in wild animals where needed . ### the occurrence of a listed disease in wild animals may pose a risk to public health and the health of kept animals . special rules should therefore be laid down for disease control and eradication measures in wild animals where needed . such rules should take account of the need to preserve biodiversity and should allow for the mass culling of wild animals only as a last resort .


### when member states take national measures concerning movements of animals and germinal products or decide to take national measures to limit the impact of transmissible animal diseases other than listed diseases within their territory , those national measures should not interfere with the rules on the internal market laid down in union legislation . therefore , it is appropriate to set the framework for such national measures and ensure that they remain within the limits permitted under union law . ### when member states take national measures concerning movements of animals and germinal products or decide to take national measures to limit the impact of transmissible animal diseases other than listed diseases within their territory , those national measures should be proportionate , non - discriminatory and should not interfere with the rules on the internal market laid down in union legislation . therefore , it is appropriate to set the framework for such national measures and ensure that they remain within the limits permitted under union law .


### currently , listed diseases concern animal species other than those defined as terrestrial and aquatic by this regulation , such as reptiles , amphibians , insects and others only to a very limited extent . it is therefore not appropriate to require that all the provisions of this regulation apply to those animals . however , if a disease which concerns species other than terrestrial and aquatic should become listed , the relevant animal health requirements of this regulation should apply to those species to ensure that adequate and proportionate disease prevention and control measures may be taken . ### currently , listed diseases concern animal species other than those defined as terrestrial and aquatic by this regulation , such as reptiles , amphibians , insects and others only to a very limited extent . it is therefore not appropriate to require that all the provisions of this regulation apply to those animals . however , if a disease which concerns species other than terrestrial and aquatic should become listed , the relevant animal health requirements of this regulation should apply to those species to ensure that adequate and proportionate disease prevention and control measures may be taken . for example , the world organisation for animal health currently lists two amphibian diseases , batrachochytrium dendrobatidis and ranavirus , which are currently not regulated in the eu and should be considered under this regulation .


### to prevent the introduction of listed diseases and emerging diseases into the union , it is necessary to have in place efficient rules on the entry into the union of animals , germinal products and products of animal origin that may transmit such diseases . ### to prevent the introduction of listed diseases and emerging diseases into the union , it is necessary to have in place efficient rules on the entry into the union from third countries of animals , germinal products and products of animal origin that may transmit such diseases , and on the free transit of animals in cross - border regions .


### the rules laid down in the legislative acts referred to in recital 154 are to be replaced by this regulation and by subsequent commission acts to be adopted pursuant to this regulation . accordingly , those legislative acts should be repealed . however , to ensure legal clarity and avoid a legal vacuum , the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this regulation . it is therefore necessary to provide the commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect . ### the rules laid down in the legislative acts referred to in recital 154 are to be replaced by this regulation and by subsequent commission acts to be adopted pursuant to this regulation . accordingly , those legislative acts should be repealed , except very recent and still under negotiation ones . in order to ensure legal clarity and avoid a legal vacuum , the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this regulation . it is therefore necessary to provide the commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect .


### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no 1760 / 2000 , no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply . ### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply .


### it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### it is of particular importance that the commission carry out appropriate consultations with stakeholders during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### – animal welfare ; ### – animal welfare and animal husbandry practices ;


### ' captive birds ' means any birds other than poultry that are kept in captivity for any reason other than those referred to in point including those that are kept for shows , races , exhibitions , competitions , breeding or selling ; ### ‘ captive birds’ means any birds other than poultry that are kept in captivity for any reason other than those referred to in point including those that are kept for shows , races , exhibitions , use in hunting as live decoys , competitions , breeding or selling ;


### ' risk ' means the likelihood of the occurrence and the likely magnitude of the biological and economic consequences of an adverse effect on animal or public health ; ### ' risk ' means the likelihood of the occurrence and the likely magnitude of the biological , health , economic and social consequences of an adverse effect on animal or public health ;


### the level of impact of the disease on animal and public health , animal welfare and the economy ; ### the level of impact of the disease on animal and public health , animal welfare , the economy and economic activities in the agricultural sector ;


### member states shall support operators and animal professionals in acquiring , maintaining and developing the basic knowledge of animal health provided for in article 10 through relevant programmes in agricultural or aquaculture sectors or formal education . ### member states shall support operators and animal professionals in acquiring , maintaining and developing the basic and specialist knowledge of animal health provided for in article 10 through relevant programmes in agricultural or aquaculture sectors or formal education .


### member states shall support operators and animal professionals in acquiring , maintaining and developing the basic knowledge of animal health provided for in article 10 through relevant programmes in agricultural or aquaculture sectors or formal education . ### member states shall support operators and animal professionals in acquiring , maintaining and developing the basic knowledge of animal health provided for in article 10 , as well as in the exchange of best practices through relevant programmes in agricultural or aquaculture sectors or formal education .


### provisions on emergency vaccination where appropriate ; ### provisions on preventive and emergency vaccination where appropriate ;


### restrict the movements of kept animals , products and , if appropriate , people , vehicles and any material or other means by which the disease agent could have spread to or from the establishment , households , food and feed business establishments , animal by - products establishments or any other location where that listed disease is suspected , as far as necessary to prevent its spread of the listed disease ; ### ;


### when appropriate to prevent the further spread of the disease agent , keep the kept animals of listed species for that listed disease isolated , and prevent contact with wildlife ; ### to prevent the further spread of the disease agent , keep the kept animals of listed species for that listed disease isolated , and prevent contact with wildlife ;


### article 86 derogations from the obligation to register transporters of kept ungulates by way of derogation from article 85 , member states may exempt certain categories of transporters from the registration requirement , taking into account the following criteria : the distances over which they transport those kept terrestrial animals ; the categories , species and number of kept terrestrial animals , which they transport . ### deleted


### the types of transporters that may be exempted by the member states from the registration requirement in accordance with article 86 provided that the type of transport poses an insignificant risk and taking into account the criteria provided for in that article . ### deleted


### article 111 derogations concerning movements of kept animals of the porcine species by way of derogation from article 110 , the member states may exempt operators from the requirement to ensure that kept animals of the porcine species are accompanied by correctly completed movement documents issued by the competent authority for movements within the member state , provided that : the information on such movement documents is included in the computer database established by the member state in accordance with article 103 ; the system for the identification and registration of kept terrestrial animals of the porcine species provides an equivalent level of traceability as that provided by such movement documents . ### deleted


### for keeping as pet animals ; ### deleted


### transitional measures related to the repeal of regulation no 1760 / 2000 , regulation no 21 / 2004 and directive 2008 / 71 / ec ### transitional measures related to the repeal of regulation no 21 / 2004 and directive 2008 / 71 / ec


### notwithstanding article 258 of this regulation , regulations no 1760 / 2000 , and no 21 / 2004 and directive 2008 / 71 / ec shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this article . ### notwithstanding article 258 of this regulation , regulation no 21 / 2004 and directive 2008 / 71 / ec shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this article .


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


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### members of collecting societies are entitled to participate and vote in the general meeting ; the exercise of the rights to vote and to stand for election should be made easy for all members .


### since rightholders are entitled to be remunerated for the exploitation of their rights , it is important for any deduction , other than management fees or deductions required by national law , to be decided by the members of collecting societies and for the societies to be transparent towards rightholders regarding the rules governing those deductions . any such rightholder should have access in a non - discriminatory manner to any social , cultural or educational service funded through such deductions . however , this directive should not affect national law on any aspects that are not regulated by this directive . ### since rightholders are entitled to be remunerated for the exploitation of their rights , it is important for any deduction to be decided by all members of collecting societies and for the societies to be transparent towards rightholders regarding the rules governing those deductions . any such rightholder should have access easily , at any time and in a non - discriminatory manner to any social , cultural or educational service funded through such deductions . however , this directive should not affect national law on any aspects that are not regulated by this directive .


### ' rights revenue ' means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ' rights revenue ' means income collected by a collecting society on behalf of rightholders , whether from an exclusive right or a right to remuneration .


### 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 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 excluded on the grounds of the size of their repertoire , the expected volume of income in the form of fees or earlier licensing agreements .


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statute of the collecting society shall lay down appropriate and effective democratic mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of members in all bodies involved in the decision - making process shall be fair and balanced and members shall have the right to vote and to stand for election at the general meeting .


### the general meeting shall approve any amendments to the statute and the membership terms of the collecting society , where those terms are not regulated by the statute . ### the general meeting shall approve any amendments to the statute and the membership terms of the collecting society


### 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 policy on the distribution of the amounts due to rightholders ;


### those procedures shall include an annual individual statement by each of those persons and directors , to the body entrusted with the supervisory function , containing the following information : ### those procedures shall include an annual individual statement by each of those persons and directors , given to the body entrusted with the supervisory function and made publically available , containing the following information :


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collecting society regularly , transparently and diligently distributes and pays amounts due to the rightholders it represents . the collecting society shall carry out such distribution and payments no later than two months before the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### 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 shall properly reflect the economic value of the rights in trade and of the service provided by the collecting society .