### the interaction between the factors referred to in points , and ; ### the interaction between the factors referred to in points , and and the cumulative and cross - border effects of these factors ;


### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the detailed list of selection criteria to be used is specified in annex iii . ### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the results of this examination must be published , and the public concerned must be able to appeal . the detailed list of selection criteria to be used is specified in annex iii .


### ‘ 1 . where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### ‘ 1 . where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall make use of the services of an accredited independent expert to prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv .


### the detailed arrangements for the use and selection of accredited and technically competent experts , shall be determined by the member states . ### the detailed arrangements for the use and selection of accredited and technically competent experts , shall be determined by the member states . the commission reserves the right to verify the independence of such experts and ensure that the selection process is carried out properly .


### on 23 september 2009 , the commission adopted proposals for three regulations establishing the european system of financial supervisors , including the creation of three european supervisory authorities to contribute to a consistent application of union legislation and to the establishment of high quality common regulatory and supervisory standards and practices . these are the european banking authority established by regulation … / …eu… , the european securities and markets authority established by regulation … / …eu… , and the european insurance and occupational pensions authority established by regulation … / …eu… . ### on 23 september 2009 , the commission adopted proposals for three regulations establishing the european system of financial supervisors , including the creation of three european supervisory authorities to contribute to a consistent application of union legislation and to the establishment of high quality common regulatory and supervisory standards and practices . these are the european supervisory authority established by regulation no 1093 / 2010… , the european supervisory authority established by regulation no 1094 / 2010 , and the european supervisory authority established by regulation no 1095 / 2010 . those authorities have a crucial role to play in safeguarding the stability of the financial sector . it is therefore essential continuously to ensure that the development of their work is a matter of high political priority and that they are adequately resourced .


### over - the - counter derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties . they create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved . the financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly , pose risks to financial stability . this regulation lays down conditions for mitigating those risks and improving the transparency of derivative contracts . ### over - the - counter derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties . they create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved . the financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly , pose risks to financial stability . this regulation lays down conditions for mitigating those risks by improving the transparency of derivative contracts . greater otc transparency will also foster trust between market actors , facilitate efficient price formation , strengthen the protection of investors and provide improved early warning of the build - up and scale of developing problems .


### over - the - counter derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties . they create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved . the financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly , pose risks to financial stability . this regulation lays down conditions for mitigating those risks and improving the transparency of derivative contracts . ### over - the - counter derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties . it is essential that those financial instruments will become more transparent and accessible . they create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved . the financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly , pose risks to financial stability . this regulation lays down conditions for mitigating those risks and improving the transparency of derivative contracts .


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esa should consult all relevant authorities and stakeholders , as for example regulators responsible for commodity markets and the energy sector , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector .


### there should be effective , proportionate and dissuasive penalties with regard to the clearing and reporting obligations . member states should enforce those penalties in a manner that does not reduce the effectiveness of those rules . ### there should be effective , proportionate and dissuasive penalties with regard to the clearing and reporting obligations . member states should enforce those penalties in a manner that does not reduce the effectiveness of those rules . member states should ensure that the penalties imposed are publicly disclosed and that assessment reports on the effectiveness of existing rules are published at regular intervals .


### a ccp should have a sound risk management framework to manage credit risks , liquidity risks , operational and other risks , including the risks that it bears or poses to other entities as a result of interdependencies . a ccp should have adequate procedures and mechanisms in place to deal with the default of a clearing member . in order to minimise the contagion risk of such a default , the ccp should have in place stringent participation requirements , collect appropriate initial margins , maintain a default fund and other financial resources to cover potential losses . ### a ccp should have a sound risk management framework to manage credit risks , liquidity risks , operational and other risks , including the risks that it bears or poses to other entities as a result of interdependencies . a ccp should have adequate procedures and mechanisms in place to deal with the default of a clearing member . in order to minimise the contagion risk of such a default , the ccp should have in place stringent participation requirements , collect appropriate initial margins , maintain a default fund and other financial resources to cover potential losses . as part of its risk management function and to cover its exposure to its clearing members , a ccp should accept only highly liquid collateral with minimal credit and market risk . the type of assets to be accepted as collateral could , to some extent , be adapted to the nature of the counterparty . regarding non - financial counterparties , a ccp could , where appropriate , accept bank guarantees or equivalent assets as collateral .


### in order to effectively survey trade repositories , esma should have the right to conduct investigations and on - site - inspections . ### in order to effectively survey trade repositories , esma should have the power to conduct investigations and on - site - inspections .


### ' class of derivatives ' means a number of otc derivative contracts that share common , essential characteristics ; ### ' class of derivatives ' means a number of derivative contracts that share common , essential characteristics ;


### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec or on a third - country market considered as equivalent to a regulated market in accordance with article 19 of that directive ;


### ' financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means an undertaking established in the union that is an investment firm authorised under directive 2004 / 39 / ec , a credit institution authorised under directive 2006 / 48 / ec , an insurance undertaking authorised under directive 73 / 239 / eec , an assurance undertaking authorised under directive 2002 / 83 / ec , a reinsurance undertaking as authorised under directive 2005 / 68 / ec , an undertaking authorised for collective investments in transferable securities authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision subject of the requirements of directive 2003 / 41 / ec , or an alternative investment fund that is an eu alternative investment fund managed by an eu manager of alternative investment funds , within the meaning of directive 2010 / . . . / eu ;


### esma , after receiving the notification and request referred to in paragraph 1 , shall , within six months , address a decision to the requesting competent authority stating the following : whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 ; the date from which the clearing obligation takes effect . ### esa , after receiving the notification and request referred to in paragraph 1 and the information referred to in paragraph 1a , shall , within six months , decide on the following : whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 ; the dates from which the clearing obligation takes effect including the timeframe in which counterparties or categories of counterparties become subject to the clearing obligation .


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


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


### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives . ### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of otc derivatives . the systemic relevance of the sum of net positions and exposures for otc derivatives shall be determined on the basis of appropriate quantitative and qualitative criteria for each class . in particular , credit risk exposures in connection with contracts with systemically relevant financial institutions shall be taken into account .


### esma , in consultation with the european systemic risk board and other relevant authorities , shall submit drafts for those regulatory standards to the commission by 30 june 2012 at the latest . ### esa , in consultation with the esrb , other relevant authorities and following a public consultation , shall submit drafts for those regulatory standards to the commission by 30 june 2012 .


### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend them , where necessary . ### the commission , in consultation with esa , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend it in accordance with that paragraph , where necessary .


### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract ; ### unless inconsistent with prevailing good back office practice in a particular contract market or too onerous for a particular non - financial counterparty , electronic means ensuring the timely confirmation of the terms of the otc derivative contract ;


### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive . member states shall consult esma when establishing and adjusting their rules on penalties .


### member states shall ensure that the competent authorities responsible for the supervision of financial , and where , appropriate , non - financial counterparties disclose every penalty that has been imposed for infringements of articles 3 to 8 to the public , unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved . ### member states shall ensure that the competent authorities responsible for the supervision of financial , and where , appropriate , non - financial counterparties disclose every penalty that has been imposed for infringements of articles 3 to 8 to the public , unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved . member states shall , at regular intervals , publish assessment reports on the effectiveness of their rules on penalties .


### each member state shall ensure that the competent authorities have the supervisory and investigatory powers necessary for the exercise of their functions . ### each member state shall ensure that the competent authorities have the resources and the supervisory and investigatory powers necessary for the exercise of their functions .


### the competent authority or any other authority shall inform esma , the college and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established . ### the competent authority or any other authority shall inform esma , the college and other relevant authorities without undue delay of any potential or actual emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established .


### a ccp shall only accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members . it shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated . it shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts . ### a ccp shall only accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members . regarding non - financial counter - parties , bank guarantees or equivalent assets may where appropriate be accepted as collateral . the ccp shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated . it shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts .


### a trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it . ### a trade repository shall , at regular intervals and in an easily accessible way , publish aggregate positions by class of derivatives on the contracts reported to it


### by the same date , the commission shall , in coordination with esma and the relevant sectoral authorities , assess the systemic importance of the transactions of non - financial firms in otc derivatives . ### by the same date , the commission shall , in coordination with esa and the relevant sectoral authorities , assess the systemic importance of the transactions of non - financial firms in otc derivatives and shall submit a report to the european parliament and the council , together with any proposals on the continued appropriateness of or amendments to the clearing obligation under article 7 for non - financial firms .


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


### rules for passive gear and beamtrawls ; ### passive gear and beamtrawls ;


### the introduction of other new fisheries control techniques may be decided in accordance with the treaty when these technologies lead to improved compliance with the rules of the common fisheries policy in a cost effective way . ### the introduction of other new fisheries control techniques may be decided in accordance with the treaty when these technologies lead to improved compliance with the rules of the common fisheries policy in a cost effective way , in consultation with the parties concerned .


### the commission shall be empowered to adopt delegated acts in accordance with article 119a , to exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period , which may be renewed , or make provision for another notification period taking into account , the type of fisheries products and the distance between the fishing grounds , landing places and ports where the vessels in question are registered . ### the commission shall be empowered to adopt delegated acts in accordance with article 119a , to exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period , which may be renewed , or make provision for another notification period taking into account , the type and volume of fisheries products and the distance between the fishing grounds , landing places and ports where the vessels in question are registered .


### the commission shall be empowered to adopt delegated acts in accordance with article 119a concerning the modification of the distances referred to in paragraphs 1 and 2 , taking into account the following elements : ### the commission shall be empowered , on its own initiative or at the request of the member state concerned , to adopt delegated acts in accordance with article 119a concerning the modification of the distances referred to in paragraphs 1 and 2 , taking into account the following elements :


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


### proposal for a regulation of the european parliament and of the council establishing for the period 2014 to 2020 the rights and citizenship programme ### proposal for a regulation of the european parliament and of the council establishing for the period 2014 to 2020 the equality , rights and citizenship programme


### citizens should be able to exercise fully the rights deriving from the citizenship of the union . they should be able to exercise their right to move and reside freely in the union , their right to vote for and stand as a candidate in european parliament and municipal elections , their right to consular protection and their right to petition the european parliament . they should feel at ease about living , travelling and working in another member state , trusting that their rights are protected , no matter where in the union they happen to be . ### citizens should be able to exercise fully the rights deriving from the citizenship of the union and from international conventions to which the union has acceded . they should be able to exercise their right to move and reside freely in the union , their right to vote for and stand as a candidate in european parliament and municipal elections , their right to consular protection and their right to petition the european parliament . they should feel at ease about living , travelling and working in another member state , trusting that their rights are protected , and that access for persons with disabilities on an equal basis with others is ensured , no matter where in the union they happen to be .


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


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


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote equality for all and the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , and the rights of persons with disabilities , of the elderly , of racial and ethnic minorities , of religious and beliefs minorities and of lesbian , gay , bisexual , intersex and trans people , including through equality mainstreaming ;


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


### in order to implement the programme , the commission shall adopt annual work programmes in the form of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 9 . ### in order to implement the programme , the commission shall adopt annual work programmes in relation to the specific objectives referred to in article 4 and the actions referred to in article 5 in the form of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 9 .


### increasingly , as investors also pursue social goals and are not only seeking financial returns , a social investment market has been emerging in the union , comprised in part by investment funds targeting social undertakings . such investment funds provide funding to social undertakings which are acting as drivers of social change by offering innovative solutions to social problems and making a valuable contribution to meeting the objectives of the europe 2020 strategy . ### increasingly , as investors also pursue social goals and are not only seeking financial returns , a social investment market has been emerging in the union , comprised in part by investment funds targeting social undertakings . such investment funds provide funding to social undertakings which are acting as drivers of social change by offering innovative solutions to social problems , helping to tackle the social consequences of the financial crisis and making a valuable contribution to meeting the objectives of the europe 2020 strategy .


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


### for the effective supervision of the requirements laid down , this regulation should also establish a process for cross - border notifications between the competent supervisory authorities , to be triggered by the registration of the eusef manager in its home member state . ### for the effective supervision of the requirements laid down , this regulation should also establish an automatic process for cross - border notifications between the competent supervisory authorities , to be triggered by the registration of the eusef manager in its home member state . supervisory information should also be automatically exchanged between the competent authorities in the home and host member states and esma .


### this regulation applies to managers of collective investment undertakings as defined in point of article 3 who are established in the union and are subject to registration with the competent authorities of their home member state in accordance with point of article 3 of directive 2011 / 61 / ec , provided that these managers manage portfolios of eusefs whose assets under management in total do not exceed a threshold of eur 500 million or , in the member states where the euro is not the official currency , the corresponding value in the national currency on the date of the entry into force of this regulation . ### this regulation applies to managers of collective investment undertakings as defined in point of article 3 who are established in the union and are subject to registration with the competent authorities of their home member state in accordance with point of article 3 of directive 2011 / 61 / ec , provided that these managers manage portfolios of eusefs whose assets under management in total do not exceed a threshold of eur 500 million or , in the member states where the euro is not the official currency , the corresponding value in the national currency on the date of the entry into force of this regulation . in the case of eusefs investing in qualifying portfolio undertakings dealing with social housing and other sectors with social relevance having a high investment intensity a higher threshold may be defined on a case by case basis .


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


### has the achievement of measurable , positive social impacts as a primary objective in accordance with its articles of association , statutes or any other statutory document establishing the business , where : ### in accordance with its articles of association , statutes or any other statutory document establishing the business , has the achievement of measurable , positive social impacts as a primary objective rather than generating profit for its owners , members and shareholders , where :


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


### is managed in an accountable and transparent way , in particular by involving workers , customers and stakeholders affected by its business activities . ### is managed in an entrepreneurial , accountable and transparent way , in particular by involving workers , customers and / or all stakeholders affected by its business activities .


### conduct of their business activities so as to promote the best interests of the eusefs they manage , the investors in those eusefs , and the integrity of the market ; ### conduct their business activities so as to promote the best interests of the eusefs they manage , the investors in those eusefs they manage and the integrity of the market ; treat the investors equally ;


### the competent authorities of the home member state shall inform the competent authorities of the host member states indicated in accordance with point of article 14 of the removal of the eusef manager from the register referred to in point of paragraph 1 of this article . ### the competent authorities of the home member state shall inform the competent authorities of the host member states indicated in accordance with point of article 14 and esma without delay of the removal of the eusef manager from the register referred to in point of paragraph 1 of this article .


### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures . ### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights , except where national or eu law has made collective management compulsory . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures .


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


### 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 rights 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 . such freedom of rights management should not give rise to monopolistic practices as defined in article 102 tfeu and in eu antitrust rules . 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 .


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


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


### it is necessary to ensure the effective enforcement of the provisions of the national law adopted pursuant to this directive . collecting societies should offer their members specific procedures for the handling of complaints and the resolution of disputes . these procedures should also be made available to other rightholders represented by the collecting society . it is also appropriate to ensure that member states have independent , impartial and effective dispute resolution bodies capable of settling commercial disputes between collecting societies and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused . furthermore , the effectiveness of the rules on the multi - territorial licensing of online rights in musical works could be undermined if disputes between collecting societies and their counterparts were not solved quickly and efficiently by independent and impartial bodies . as a result , it is appropriate to provide , without prejudice to the right of access to a tribunal , for an easily accessible , efficient and impartial out - of - court procedure for resolving conflicts between collecting societies , on the one hand , and online music service providers , rightholders or other collecting societies , on the other . ### it is necessary to ensure the effective enforcement of the provisions of the national law adopted pursuant to this directive . collective management organisations should offer their members specific procedures for the handling of complaints and the resolution of disputes . these procedures should also be made available to other rightholders represented by the collecting society . it is also appropriate to ensure that member states have independent , impartial and effective dispute resolution bodies capable of settling commercial disputes between collective management organisations and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused . furthermore , the effectiveness of the rules on the multi - territorial licensing of online rights in musical works could be undermined if disputes between collective management organisations and their counterparts were not solved quickly and efficiently by independent and impartial bodies . as a result , it is appropriate to provide , without prejudice to the right of access to a tribunal , for an easily accessible , efficient and impartial out - of - court procedure for resolving conflicts between collective management organisations , on the one hand , and online music service providers , rightholders or other collective management organisations , on the other . these dispute resolution bodies should have special knowledge of intellectual property matters and they should base their decisions on objective standards and criteria , such as the ' fair value in trade ' established by the cjeu . in order to secure payment , users should be required to make payments to the collective management organisations , while the process is pending , according to the existing tariff where such tariff exists or based on an interim order by the court where no pre - existing applicable tariff is set .


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


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a significant number of rightholders , to collectively manage copyright , rights related to copyright or rights to remuneration laid down by law , to carry out social , cultural and artistic activities in their favour , and to defend and promote their rights , as its sole or main purpose and which is owned or controlled by its members ;


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


### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ' member of a collecting society ' means a rightholder as defined in article 3 or a non - profit making entity , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society and admitted by it ;


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collecting societies act in the best collective interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders .


### 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 . ### a collective management organisation shall accept rightholders and entities representing rightholders , including other collective management organisations and associations of rightholders as members if they fulfil the membership requirements , which shall be based on objective and non - discriminatory criteria . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available .


### 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 criteria . collecting societies may not refuse to grant membership to rightholders on the basis of criteria relating to residence , establishment , age or nationality . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available .


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


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


### member states shall ensure that the persons who effectively manage the business of a collecting society and its directors , with the exception of the directors exercising supervisory function , design procedures so as to avoid conflicts of interest . the collecting society shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the society . ### member states shall ensure that the persons who effectively manage the business of a collecting society , its directors and the persons exercising the supervisory function design procedures so as to avoid conflicts of interest . the collecting society shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the society .


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisations distribute and pay regularly and diligently amounts due to the rightholders it represents . the collective management organisations shall , &#160 ; taking into account the state of technology , &#160 ; carry out such distribution and payments without undue delay and at least on a semestral basis and 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 collective management organisations from respecting this deadline . the collective management organisations shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders have not been distributed , after three years from the date of entry into force of this directive , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society .


### member states shall ensure that a collecting society does not discriminate between its members and any rightholders whose rights it manages under a representation agreement , in particular with respect to applicable tariffs , management fees , and the conditions for the collection of the rights revenue and distribution of the amounts due to rightholders . ### member states shall ensure that a collecting society does not discriminate between its members and any rightholders whose rights it manages under a representation agreement , in particular with respect to applicable tariffs , management fees , and the conditions for the collection of the rights revenue and distribution of the amounts due to rightholders , and the deductions applicable to the rights revenue referred to in point of article 16 .


### rules on deductions from rights revenue for purposes other than management fees , including deductions for the purposes of social , cultural and educational services ; ### rules on deductions from rights revenue for purposes including management fees , and deductions for the purposes of social , cultural and educational services ;


### by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal . ### by [ 3 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal .


### commission proposal differences between national rules governing protection measures hamper the sound operation of the internal market . provisions to ensure rapid and simple recognition and , where applicable , enforcement of protection measures from member states bound by this regulation are essential to ensure the protection afforded is maintained when a person travels or moves to another member state . ### differences between national rules governing protection measures hamper the equal treatment of persons at risk of suffering violence and harassment . provisions to ensure rapid and simple recognition and , where applicable , enforcement of protection measures from member states bound by this regulation are essential to ensure the protection afforded is maintained when a person travels or moves to another member state . those provisions should also ensure that the legitimate exercise by citizens of the union of their right to move and reside freely within the territory of member states , in accordance with article 3 of the treaty on european union and article 21 of the treaty on the functioning of the european union , does not result in a loss of their protection .


### commission proposal this regulation applies to protection measures taken in civil proceedings whatever the nature of the authority , be it a court , a tribunal , an administrative or any other authorities . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority , be it a court , a tribunal , an administrative or any other authorities .


### commission proposal the harmonious functioning of justice requires that irreconcilable decisions should not be pronounced in two member states . to this end , this regulation should provide for a ground for refusal of recognition and / or enforcement on application by the person causing the risk in case of irreconcilable decisions . ### the harmonious functioning of justice requires that irreconcilable decisions should not be pronounced in two member states . to this end , this regulation should provide for a ground for refusal of recognition and / or enforcement in case of irreconcilable decisions .


### commission proposal ### given the different legal traditions of the member states , the protection measure taken in the member state of origin may not be known in the member state of recognition . in such cases , the competent authority in the member state of recognition should , as far as possible , adapt the protection measure to one known under its national law which has equivalent effects and pursues similar aims and interests . the competent authority in the member state of recognition may apply , in accordance with its national law , civil , administrative or criminal measures .


### commission proposal ### where information is to be provided under this regulation to the protected person , or to the person causing the risk , that information should also be provided to the legal representative , guardian or tutor , if any , of the person concerned . due attention should also be paid to the need for the protected person and the person causing the risk , or their representative , to receive information , as provided for by this regulation , in a language they understand .


### commission proposal ### personal data processed under this regulation should be protected in accordance with national laws implementing directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1 . __________________ 1oj l 281 , 23 . 11 . 1995 , p . 31 .


### commission proposal scope , definitions and jurisdiction ### objective , scope , definitions and jurisdiction


### commission proposal ### article - 1 objective this regulation lays down rules allowing an authority in a member state in which a protection measure has been taken with a view to protecting a person when serious reasons exist to consider that person ' s life , physical or psychological integrity and dignity , personal liberty or sexual integrity to be at risk , to issue a certificate enabling a competent authority in another member state to continue the protection of the person concerned in the territory of that other member state .


### this regulation applies to protection measures taken in civil matters whatever the nature of the authority . it does not apply to protection measures covered by regulation no 2201 / 2003 . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure . it does not apply to protection measures covered by regulation no 2201 / 2003 or to the protection measures covered by directive [ . . . ] of the european parliament and of the council on the european protection order , in order to prevent overlapping between the civil law and criminal law systems .


### commission proposal this regulation applies to protection measures taken in civil matters whatever the nature of the authority . it does not apply to protection measures covered by regulation no 2201 / 2003 . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority . it does not apply to protection measures covered by council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility1 . _________________ 1oj l 338 , 23 . 12 . 2003 , p . 1 .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### commission proposal ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition forbidding entry into any localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; any other obligations or prohibitions imposed in order to guarantee the protection of the protected person .


### commission proposal ### ' protected person ' means the natural person who is the object of the protection stemming from a protection measure adopted in the member state of origin .


### commission proposal ### ' person causing the risk ' means the natural person against whom a protection measure imposing one or more of the obligations or prohibitions referred to in point is or has been adopted .


### commission proposal a party who wishes to invoke in another member state a protection order recognised pursant to this article shall provide the competent authorities of the member state of recognition with the certificate issued in accordance with this article . ### a party who wishes to invoke in another member state a protection measure shall provide the competent authorities of the member state of recognition with the certificate issued in accordance with this article .


### commission proposal at the request of the protected person in any other case ; when adopting a protection measure , the competent authority of the member state of origin shall inform the protected person of the possibility of requesting a certificate as established by this regulation . ### at the request of the protected person in any other case .


### commission proposal ### when a competent authority adopts a protection measure , it shall inform the protected person about the possibility of requesting a certificate in the event that he or she decides to leave for another member state . the competent authority shall advise the protected person to submit the request before leaving the territory of the member state of origin .


### commission proposal ### when a competent authority issues a certificate in accordance with paragraph 3 , it shall inform the protected person as to which authorities are competent to recognise and / or enforce the protection measure in the member state of recognition .


### commission proposal ### notwithstanding paragraph 1 , when a competent authority issues a certificate in accordance with paragraph 3 , it shall immediately transmit that certificate to the competent authority of the member state of recognition .


### commission proposal 4 . the competent authorities of the member state of recognition may , where necessary , request a transliteration or a translation of the content of the certificate , in accordance with article 15 . ### where necessary , the content of the certificate shall be transliterated or translated by the competent authority of the member state of origin into the official language or one of the official languages of the member state of recognition or any other language that the member state of recognition has indicated it can accept .


### commission proposal the competent authority in the member state of recognition may , on application by the person causing the risk , refuse the recognition of the protection measure taken by the court of origin if it is irreconcilable with a decision taken in the member state of recognition . ### the competent authority in the member state of recognition may , either on application by the person causing the risk or of its own motion , refuse the recognition of the protection measure taken by the court of origin if it is irreconcilable with a decision taken in the member state of recognition .


### commission proposal ### the recognition and / or enforcement of a protection measure may not be refused on the ground that the law of the member state of recognition does not allow for such a measure based on the same facts .


### commission proposal ### where the competent authority in the member state of recognition refuses recognition of the protection measure in accordance with paragraph 1 , it shall immediately inform the competent authority of the member state of origin of that refusal .


### commission proposal 2 . if the protection measure is suspended or withdrawn in the member state of origin , the competent authority of the member state of recognition shall , on application by the person causing the risk , suspend or withdraw the recognition and , when applied , the enforcement of the protection measure . the application shall be submitted using the form set out in annex ii . ### if the competent authority in the member state of origin suspends or withdraws the protection measure , it shall immediately inform the competent authority of the member state of recognition of that suspension or withdrawal .


### commission proposal ### if the protection measure is suspended or withdrawn in the member state of origin , the competent authority of the member state of recognition shall suspend or withdraw the recognition and , as the case may be , the enforcement of the protection measure as soon as it has been duly informed by the competent authority of the member state of origin in accordance with paragraph 2 .


### upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 of the european parliament and of the council of 13 november 2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters 1 , bring to the notice of the person causing the risk and to the protected person and , where appropriate , his or her legal representative , guardian or tutor in a language which they understand : _______________ 1 oj l 324 , 10 . 12 . 2007 , p . 79 .


### commission proposal 2 . upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 of the european parliament and of the council of 13 november 2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters 1 , bring to the notice of the person causing the risk and to the protected person : _________________________ 1 oj l 324 , 10 . 12 . 2007 , p . 79 .


### commission proposal any suspension or withdrawal of the protection measure . ### any refusal of recognition and / or enforcement , suspension or withdrawal of the protection measure .


### commission proposal by [ five years from the date of application in article 23 ] at the latest , the commission shall submit a report to the european parliament , the council and the european economic and social committee on the application of this regulation . if necessary , the report shall be accompanied by proposals for adaptation . ### by [ four years from the date of application in article 23 ] at the latest , the commission shall submit a report to the european parliament , the council and the european economic and social committee on the application of this regulation . if necessary , the report shall be accompanied by proposals for adaptation .


### commission proposal by [ 1 year before the entry into force of this regulation ] , the member state shall communicate to the commission the authorities having competence in the matters falling within the scope of this regulation ; the languages accepted for translations of the of the certificate as referred to in article 15 . ### by [ 1 year before the entry into force of this regulation ] , each member state shall communicate to the commission the names and contact details of the authorities having competence in the matters falling within the scope of this regulation ; the languages accepted for translations of the certificate as referred to in article 5 , paragraph 4 .


### commission proposal annex i ### annex


### commission proposal annex ii ### annex deleted


### having regard to the need of ensuring appropriate monitoring , by the member states as well as by the commission , of the implementation of financial engineering instruments , inter alia in order to allow the member states to provide appropriate information to the commission on the type of instruments put in place and on the relevant actions undertaken by such instruments on the ground , it is necessary to introduce a provision on reporting . this would also allow the commission to better assess the overall performance of financial engineering instruments . ### having regard to the need of ensuring appropriate monitoring , by the member states as well as by the commission , of the implementation of financial engineering instruments and repayable assistance , inter alia in order to allow the member states to provide appropriate information to the commission on the type of instruments and repayable assistance put in place and on the relevant actions undertaken in the context of such measures on the ground , it is necessary to introduce a provision on reporting . this would also allow the commission to better assess the overall performance of financial engineering instruments and repayable assistance .


### in order to ensure that the financial contribution which has been paid by the managing authorities into financial engineering instruments and included in a statement of expenditure is effectively spent within a defined timeframe , it is necessary to introduce an obligation for financial engineering instruments to spend the contribution for eligible expenditure within two years of the date of the relevant certified statement of expenditure . the subsequent statement of expenditure should be corrected accordingly , by deducing the unspent amounts , if the contribution in question has not been spent within the indicated period . ### in order to ensure that the financial contribution which has been paid by the managing authorities into financial engineering instruments and included in a statement of expenditure is effectively spent within a defined timeframe , it is necessary to introduce an obligation for financial engineering instruments to spend the contribution for eligible expenditure within two years of the date of the relevant certified statement of expenditure . the subsequent statement of expenditure should be corrected accordingly , by deducing the unspent amounts , if the contribution in question has not been spent within the indicated period . in such cases the eligible administrative costs or charges must also be adjusted so that they are proportionate to the overall performance of the financial engineering instrument .


### in order to ensure compliance with article 61 of the council regulation 1605 / 2002 on the financial regulation applicable to the general budget of the european communities , it is necessary to require that the statement of expenditure to be submitted to the commission shall provide all information necessary for the commission to produce accounts which give a true image of the union ' s assets and of budgetary implementation ### in order to ensure compliance with article 61 and title vii of the council regulation 1605 / 2002 on the financial regulation applicable to the general budget of the european communities , it is necessary to require that the statement of expenditure to be submitted to the commission shall provide all information necessary for the commission to produce accounts which give a true image of the union ' s assets and of budgetary implementation .


### the following article 67a is inserted : ' article 67a reports on implementation of financial engineering instruments by 31 january and by 15 september each year , the managing authority shall send to the commission a specific report covering the operations consisting of financial engineering instruments for the period until 31 december and until 30 june respectively . 2 . the reports referred to in paragraph 1 shall include , for each financial engineering instrument , the following information : description of the financial engineering instrument and implementation arrangements ; identification of the entities which implement the financial engineering instrument , including those acting through holding funds , as well as description of their selection process ; dates of payments and amounts of the assistance from the structural funds and national co - financing paid to the financial engineering instrument ; dates and corresponding amounts included in statements of expenditure submitted to the commission and dates and amounts reimbursed by the commission ; amounts of the assistance from the structural funds and national co - financing paid by the financial engineering instrument . ' ### the following article 67a is inserted : ' article 67a reports on implementation of financial engineering instruments and repayable assistance by 31 january and by 15 september each year , the managing authority shall send to the commission a specific report covering the operations consisting of financial engineering instruments or repayable assistance for the period until 31 december and until 30 june respectively . 2 . the reports referred to in paragraph 1 shall include , for each financial engineering instrument and repayable assistance measure , the following information : description of the financial engineering instrument or repayable assistance and of implementation arrangements ; identification of the entities which implement the financial engineering instrument or repayable assistance , including financial engineering instruments acting through holding funds , as well as description of their selection process ; c ) dates of payments and amounts of the assistance from the structural funds and national co - financing paid to the financial engineering instrument or repayable assistance measure ; dates and corresponding amounts included in statements of expenditure submitted to the commission and dates and amounts reimbursed by the commission ; amounts of the assistance from the structural funds and national co - financing paid by the financial engineering instrument . '


### in article 78 , the following sub - paragraph is added : ' the financial contribution to financial engineering instruments as defined in article 44 , which has been included in a statement of expenditure and which has not been paid out as eligible expenditure in line with the second subparagraph of this paragraph within two years of the date of the certified statement of expenditure concerned , shall be deducted from the next certified statement of expenditure . ' ### in article 78 , the following sub - paragraph is added : ' the financial contribution to financial engineering instruments as defined in article 44 , which has been included in a statement of expenditure and which has not been paid out as eligible expenditure in line with the second subparagraph of this paragraph within two years of the date of the certified statement of expenditure concerned , shall be deducted from the next certified statement of expenditure . ' in such cases eligible administrative costs or charges shall be limited to an amount reflecting the ratio of the eligible expenditure to the financial contribution originally included in the declaration of expenditure . ’


### the following article 78a is inserted : ' article 78a requirement to provide information in the statement of expenditure the statement of expenditure to be submitted to the commission shall provide all the information necessary for the commission to produce accounts in accordance with article 61 of the regulation 1605 / 2002 . for the purpose of defining the uniform conditions of application of this article , the commission shall be empowered to adopt implementing acts according to article 291 of the treaty on the functioning of the european union . ' ### the following article 78a is inserted : ' article 78a requirement to provide information in the statement of expenditure the statement of expenditure to be submitted to the commission shall provide all the information necessary for the commission to produce accounts in accordance with article 61 and title vii of the regulation 1605 / 2002 . for the purpose of defining the uniform conditions of application of this article , the commission shall be empowered to adopt implementing acts according to article 291 of the treaty on the functioning of the european union . '