### setting - up a common budgetary timeline for member states whose currency is the euro should better synchronize the key steps in the preparation of national budgets , thus contributing to the effectiveness of the european semester for budgetary policy coordination . adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among member states whose currency is the euro and ensure that the council and commission recommendations are appropriately integrated in the national process for budget adoption . ### setting - up a common budgetary timeline for member states whose currency is the euro should better synchronize the key steps in the preparation of national budgets , thus contributing to the effectiveness of the european semester for economic and budgetary policy coordination . adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among member states whose currency is the euro and ensure that the country - specific policy recommendations and the national reform programmes and stability and convergence programmes , as well as the recommendations based on the macroeconomic imbalances analysis are appropriately integrated in the national process for budget adoption .


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


### the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets . these assumptions shall be based on independent macroeconomic growth forecast ; ### the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets set in accordance with article 4 of the council directive 2011 / 85 / eu ;


### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , no later than 15 april . ### member states shall , in the context of the european semester defined in article 2 - a of regulation no 1466 / 97 make public , preferably by 30 april each year , their national medium - term fiscal plans in accordance with their medium - term budgetary framework , based on credible and independent macroeconomic forecasts . such plans shall be presented together with the nrps and scps and shall be fully compatible with the policy orientations based on the annual growth survey and the annual reports under the macroeconomic imbalances procedure as established in regulation no 1174 / 2011 and regulation no 1176 / 2011 .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### member states whose currency is the euro share enhanced spillovers from their budgetary and economic policies . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major economic and fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary and economic plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the economic and budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the economic and budgetary area . in the same context , the commission should ensure that member states ' commitments within the framework of their national reform programmes , commitments made within the framework of economic partnership programmes , and any council recommendations within the macroeconomic imbalances procedure , are appropriately reflected in the draft national budget . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area .


### the commission opinion shall be made public and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### the commission opinion shall be made public and presented to the eurogroup . at the request of the parliament of the member state concerned , or of the european parliament , it shall be presented by the commission to the parliament concerned .


### the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . ### the commission shall adopt an opinion on the draft budgetary plan by 30 november .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary and macroeconomic policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole , including social and environmental impact . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance given in the european semester is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the ' eu 2020 ' growth , employment and social targets as well as the recommendations issued in the context of the european semester . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area .


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


### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts . ### biased and unrealistic macroeconomic and budgetary forecasts hamper considerably the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies could provide unbiased and more realistic macroeconomic forecasts .


### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts . ### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from credible and independent bodies can provide unbiased and realistic macroeconomic forecasts , once their comparability and coherence has been granted . the commission will make public minimum requirements for those independent bodies in order to ensure their credibility and independence .


### where the commission identifies particularly serious non - compliance with the budgetary policy obligations laid down in the stability and growth pact , it shall , within two weeks from the submission of the draft budgetary plan , request a revised draft budgetary plan from the member state concerned . this request shall be made public . paragraphs 2 to 4 shall apply in case of revised draft budgetary plan . ### the commission shall be empowered to adopt delegated acts in accordance with article - 11 specifying the content of the draft budgetary plan referred to in paragraph 1 as well as specifying the content of different provisions referred to in paragraphs 2 to 4 .


### carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions , aiming at assessing the reliability , completeness and accuracy of these public accounts for the purposes of the excessive defiocit procedure . in this context , the commission shall assess the quality of data reported by the member state concerned in accordance with regulation no 679 / 20103 ; ### carry out and report on a comprehensive independent audit of the accounts of the general government and its subsectors conducted in coordination with national supreme audit institutions , aiming at assessing the reliability , completeness and accuracy of these public accounts for the purposes of the excessive deficit procedure . in this context , the commission shall assess the quality of data reported by the member state concerned in accordance with regulation no 679 / 20103 ;


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


### member states shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates . the suspension shall end at the earliest one year after the infringement decision has become final or the proceedings are otherwise terminated . ### member states shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates . the suspension shall end at the earliest two years after the infringement decision has become final or the proceedings are otherwise terminated .


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


### to remedy the information asymmetry and some of the difficulties associated with quantifying antitrust harm , and to ensure the effectiveness of claims for damages , it is appropriate to presume that in the case of a cartel infringement , the infringement has caused harm , in particular via a price effect . depending on the facts of the case this means that the cartel has caused a rise in price , or prevented a lowering of prices which would otherwise have occurred but for the infringement . the infringing undertaking should be free to rebut such presumption . it is appropriate to limit this rebuttable presumption to cartels , given the secret nature of a cartel , which increases the said information asymmetry and makes it more difficult for the injured party to obtain the necessary evidence to prove the harm . ### to remedy the information asymmetry and some of the difficulties associated with quantifying antitrust harm , and to ensure the effectiveness of claims for damages , it is appropriate to presume that in the case of a cartel or other hardcore by object infringements , the infringement has caused harm , in particular via a price effect . depending on the facts of the case this means that the hardcore infringement has caused a rise in price , or prevented a lowering of prices which would otherwise have occurred but for the infringement . the infringing undertaking should be free to rebut such presumption .


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


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraph shall apply unless there is an overriding public interest in disclosure . when balancing the public interest in disclosure , special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or to risks to human health .


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraph 2 shall apply unless there is an overriding public interest in disclosure . when assessing the public interest in disclosure , special weight shall be given to the fact that the documents requested relate to the protection of fundamental rights and of the environment , or to the right to live in a healthy environment .


### this article shall apply to vehicles which , at the time of the application for individual approval , have not previously been sold or of which the entry into service did not happen yet , involving identification and the issuing of a registration number , including temporary or short - term registration or professional registration , or have only been sold , registered or have been entering into service for less than six months . ### this article shall apply to vehicles which , at the time of the application for individual approval , have not previously been sold or of which the entry into service did not happen yet , involving identification and the issuing of a registration number , including temporary or short - term registration or professional registration , or have only been sold , registered or have been entering into service for less than six months or to unique vehicles built by private individuals .


### to prevent modifications that may prejudice safety , in particular by increasing vehicle performance through tampering with the powertrain in order to increase the maximum torque and / or power and / or maximum designed vehicle speed as declared by the manufacturer of a vehicle upon type - approval , and / or ### modifications to the powertrain of a vehicle in category l made by the owner or a garage acting on his behalf must be inspected and approved by the competent authority of the member state concerned .


### where distributors consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , they shall not sell or register the vehicle , system , component or separate technical unit and shall prevent its entry into service until it has been brought into conformity . ### where distributors consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , they shall contact the competent authorities and shall not sell or register the vehicle , system , component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this regulation and shall prevent its entry into service until it has been brought into conformity .


### four years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . ### two years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . this requirement shall not apply to electrically - propelled vehicles and vehicles with auxiliary electric propulsion in subcategory l1be


### an approval authority may exempt the vehicle from compliance with requirements laid down in one or more of the acts listed in annex ii , provided that the approval authority imposes alternative requirements and has reasonable grounds for such exemption . ### an approval authority may exempt the vehicle from compliance with requirements laid down in one or more of the acts listed in annex ii , provided that the approval authority imposes alternative requirements and has reasonable grounds for such exemption . an exemption of this kind may be granted in particular for unique vehicles built by private individuals , in order to keep costs to an acceptable level .


### where importers consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , in particular does not correspond to its type - approval , they shall not sell or register the vehicle , system , component or separate technical unit until it has been brought into conformity . furthermore , where they consider or have reason to believe that the vehicle , system , component or separate technical unit presents a risk , they shall inform the manufacturer , the market surveillance and approval authorities to that effect . ### where importers consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , in particular does not correspond to its type - approval , they shall contact the competent authorities and shall not sell or register the vehicle , system , component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this regulation . furthermore , where they consider or have reason to believe that the vehicle , system , component or separate technical unit presents a risk , they shall inform the manufacturer , the market surveillance and approval authorities to that effect .


### eight years after the date referred to in the second subparagraph of article 82 , all new vehicles shall be equipped with obd i . ### six years after the date referred to in the second subparagraph of article 82 , all new vehicles shall be equipped with obd i .


### member states shall provide the commission with data on the population as referred to in article 2 and at the reference time . where the circumstances described in article 2 i . or ii . cannot be established , member states shall provide the commission with data on population at their place of legal or registered residence at the reference time ; in this case , they shall undertake proportionate efforts to compute data which are the closest possible approximation to the population referred to in article 2 and . ### member states shall provide the commission with statistical data on the population as referred to in article&#160 ; 2 and at the reference time . where the circumstances described in article&#160 ; 2 or cannot be established , member states shall provide the commission with statistical data on population at their place of legal or registered residence at the reference time ; in this case , they shall undertake proportionate efforts to compute data which are the closest possible approximation to the statistical data of the population referred to in article&#160 ; 2 and .


### pursuant to article 175 of the treaty on the functioning of the european union , the commission submits every three years a report to the european parliament , the council , the economic and social committee and the committee of the regions on the progress made towards achieving economic , social and territorial cohesion . the preparation of these reports and the regular monitoring of demographic developments and of possible future demographic challenges in the eu regions , including different types of regions such as cross - border regions , metropolitan regions , rural regions , mountain and island regions , require annual regional data at nuts 3 regional level . since demographic ageing displays strong regional differences , eurostat is requested to prepare regional projections on a regular basis in order to complement the demographic picture of the nuts 2 regions in the european union . ### pursuant to article 175 , paragraph 2 , of the treaty on the functioning of the european union , the commission submits every three years a report to the european parliament , the council , the economic and social committee and the committee of the regions on the progress made towards achieving economic , social and territorial cohesion . the preparation of these reports and the regular monitoring of demographic developments and of possible future demographic challenges in the union regions , including different types of regions such as cross - border regions , metropolitan regions , rural regions , mountain and island regions , require annual regional data at nuts 3 regional level . since demographic ageing displays strong regional differences , the commission is requested to prepare regional projections on a regular basis in order to complement the demographic picture of the nuts 2 regions in the european union .


### in the development , production and dissemination of european statistics , the national and european statistical authorities should take account of the principles set out in the european statistics code of practice as reviewed and updated by the european statistical system committee on 28 september 2011 . ### in the development , production and dissemination of european statistics , the national and european statistical authorities , and where applicable , other relevant national and regional authorities , should take account of the principles set out in the european statistics code of practice as reviewed and updated by the european statistical system committee on 28 september 2011 .


### member states shall provide the commission with data on the population as referred to in article 2 and at the reference time . where the circumstances described in article 2 i . or ii . cannot be established , member states shall provide the commission with data on population at their place of legal or registered residence at the reference time ; in this case , they shall undertake proportionate efforts to compute data which are the closest possible approximation to the population referred to in article 2 and . ### member states shall provide the commission with statistical data on the population as referred to in article 2 and at the reference time and shall cover the following variables : age ; sex ; region of residence .


### the information on demography should be consistent with the relevant information collected pursuant regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers and regulation no 763 / 2008 of the european parliament and of the council of 9 july 2008 on population and housing censuses . ### the information on demography should be fully in line with the relevant information collected pursuant regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers and regulation no 763 / 2008 of the european parliament and of the council of 9 july 2008 on population and housing censuses .


### ‘ validated data’ means data that fulfil a set of quality criteria for data compilation , including all the checks made in terms of the quality of the data to be published or already published . ### ‘ validated data’ means statistical data that fulfil a set of quality criteria for data compilation , including all the checks made in terms of the quality of the data to be published or already published .


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


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


### the reference time for population data shall be the midnight of 31 december . ### the reference time for population data shall be the end of the reference period .


### ‘ regional’ means the same as in article 2 of regulation no 763 / 2008 ; for countries that are not members of the european union , it means the statistical regions at level 1 , 2 or 3 as agreed between those countries and the commission , according to the version applicable at the reference time ; ### ‘ regional’ means nuts level 1 , nuts level 2 or nuts level 3 according to regulation no 1059 / 2003 in its version applicable at the reference time ; for countries that are not members of the european union , it means the statistical regions at level 1 , 2 or 3 as agreed between those countries and the commission , according to the version applicable at the reference time ;


### demographic statistics on population constitute an essential component for the estimation of total population in the framework of the european system of accounts . ### demographic statistics on population constitute an essential component for the estimation of total population in the framework of the european system of accounts . the updating and purging of data are the important elements for the establishment of statistics at european level .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament and the council shall have equal access to , and shall receive at the same time and on the same terms , the information referred to in paragraph 1 .


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the basic legislative act should specify the procedure which applies to the adoption of implementing acts . the examination procedure should only apply for the adoption of measures of general scope that are not supplementing or amending non - essential elements of the basic legislative act in accordance with article 290 tfeu . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee .


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should be kept informed of committee proceedings on a regular basis and should have equal access to information concerning those proceedings .


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


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth , competitiveness , social inclusion and the single market .


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , education , participating in the social and political life , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for social and economic growth and the single market .


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### digital networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market .


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### digital networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , education , participating in social and political life , and business . therefore , the trans - european availability of widespread , fast , secure internet access and digital services in the public interest is essential for social and economic growth , competitiveness , social inclusion and the single market .


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


### ' telecommunications networks ' means broadband networks and digital service infrastructures . ### ' digital networks ' means broadband networks and digital service infrastructures .


### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks . ### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of local , national , and regional telecommunication networks as well as open and non - discriminatory access to such networks . in order to complete the digital single market , close cooperation and coordination of activities under the cef programme with the national and regional broadband actions shall be ensured .


### the expert group may also consider any other issue relating to the development of the trans - european telecommunications networks . ### the expert group may also consider any other issue relating to the development of the trans - european digital networks .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the 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 makes the following information available at the request of any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay : ### member states shall ensure that a collective management organisation makes the following information available to any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay :


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to the rightholders it represents . the collecting society shall carry out such distribution and payments without undue delay , but no later than six months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a reasonable profit margin . ### the management fee for the service provided by the requested collective management society to the requesting organisation shall not exceed the costs reasonably incurred by the requested collective management organisation in managing the repertoire of the requesting collecting society and a reasonable profit margin .


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


### in addition , a collecting society shall make available at the request of any rightholder or any collecting society , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders . ### in addition , a collective management organisation shall make available to any rightholder or any collective management organisation , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders .


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


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


### tariffs for exclusive rights shall reflect the economic value of the rights in trade and of the service provided by the collecting society . ### tariffs for exclusive rights shall not be excessive in relation to the value of the service provided and should be reasonable in relation to the economic value of the service provided .


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


### this directive should be applied without prejudice to the principle of eu preference as regards access to member states ' labour market as expressed in the relevant provisions of acts of accession . ### this directive should be applied without prejudice to the principle of eu preference as regards access to member states ' labour market as expressed in the relevant provisions of acts of accession . in particular , preference should be given to workers from member states for whom transitional arrangements as regards access to labour market still apply .


### member states may verify whether the vacancy concerned could not be filled by national or eu , or by third - country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law and reject the application . ### member states may verify whether the vacancy concerned could not be filled by nationals of the member state concerned , by other union citizens , or by third country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law and reject the application .


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


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


### to facilitate enforcement , relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the directive . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . ### to facilitate enforcement of this directive , there should be effective mechanisms through which seasonal workers may lodge complaints directly or through relevant third parties such as trade unions or other associations . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . there should also be adequate judicial protection against victimisation of seasonal workers as a result of a complaint being made .


### member states may verify whether the vacancy concerned could not be filled by national or eu , or by third - country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law and reject the application . ### member states may examine the situation of their labour market and verify , in a timely and transparent manner , whether the vacancy concerned could not be filled by nationals of the member state concerned , by other union citizens , or by third - country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law and reject the application .


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


### member states shall ensure that third parties which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring compliance with this directive , may engage either on behalf of or in support of a seasonal worker , with his / her approval , in any administrative or civil proceedings provided for with the objective of implementing this directive . ### member states shall ensure that third parties which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring compliance with this directive , may engage either on behalf of or in support of a seasonal worker , with his / her approval and after providing clear and comprehensible information , in any administrative or civil proceedings provided for with the objective of implementing this directive .


### to facilitate enforcement , relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the directive . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . ### to facilitate enforcement of this directive , member states should put in place effective mechanisms through which seasonal workers may seek legal redress and lodge complaints directly or through relevant third parties such as trade unions or other associations . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . seasonal workers should have access to judicial protection against victimisation as a result of a complaint being made .


### evidence of having accommodation as set out in article 14 . ### evidence that the seasonal worker will have adequate accommodation or that adequate accommodation will be provided , in accordance with the provisions laid down in article 14 .


### member states should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market . ### member states should have the possibility to apply a test demonstrating that a post cannot be filled from within the national or eu labour market .


### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living . if seasonal workers are required to pay rent for such accommodation , its cost shall not be excessive in relation to their remuneration . ### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation , pursuant to national legislation and practice , that ensures a decent standard of living for the duration of the employment contract . as a minimum , such accommodation shall provide the conditions and facilities essential for health , security , comfort and nutrition as certified by the competent authorities . these provisions shall be without prejudice to the possibility for seasonal workers to freely choose their own accommodation . 2 . the seasonal worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of their stay . if the seasonal worker is required to pay rent for such accommodation , its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage . 3 . any change of accommodation shall be reported to the competent authority . the new accommodation shall fulfil the conditions laid down in paragraphs 1 and 2 .


### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living . if seasonal workers are required to pay rent for such accommodation , its cost shall not be excessive in relation to their remuneration . ### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation , pursuant to national legislation and practice , that ensures a decent standard of living . as a minimum , such accommodation shall provide the inhabitants with adequate space , shall protect them from the elements and other threats to health , shall be safe and well maintained , and shall provide the facilities essential for health , security , comfort and nutrition , such as safe drinking water , systems for cooking , heating and lighting , sanitation and washing facilities , means of food storage and refuse disposal . the accommodation shall allow access to basic services .


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


### ‘ seasonal worker’ means a third - country national who retains a legal domicile in a third country but resides temporarily for the purposes of employment in the territory of a member state in a sector of activity dependent on the passing of the seasons , under one or more fixed - term work contracts concluded directly between the third - country national and the employer established in a member state ; ### ‘ seasonal worker’ means a third - country national who resides temporarily , for no more than six months in a 12 - month period , for the purposes of employment in the territory of a member state in a sector of activity dependent on the passing of the seasons , within the scope of article 2 , under one or more fixed - term work contracts concluded directly between the third - country national and the employer established in a member state ;


### member states should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market . ### member states should apply a test demonstrating that a post cannot be filled from within the domestic labour market .


### the directive should provide for a flexible entry system based on demand and objective criteria , such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned . ### the directive should provide for a flexible entry system based on demand and objective criteria , such as a valid work contract or a binding job offer that specifies the essential aspects of the contract or employment relationship .


### the directive should not affect , where granted , the rights of third - country nationals already legally staying in a member state to work . ### the directive should not adversely affect the rights of third - country nationals already legally staying in a member state to work .


### this directive shall not affect the right of member states to adopt or retain more favourable provisions for persons to whom it applies in respect of articles 13 to 17 of this directive . ### this directive shall not affect the right of member states to adopt or retain more favourable provisions for third - country nationals to whom it applies in respect of articles 13 to 17 of this directive .


### ‘ seasonal worker’ means a third - country national who retains a legal domicile in a third country but resides temporarily for the purposes of employment in the territory of a member state in a sector of activity dependent on the passing of the seasons , under one or more fixed - term work contracts concluded directly between the third - country national and the employer established in a member state ; ### ‘ seasonal worker’ means a third - country national who resides temporarily for the purposes of employment in the territory of a member state in a sector of activity dependent on the passing of the seasons , within the scope of article 2 , under one or more fixed - term work contracts concluded directly between the third - country national and the employer established in a member state ;


### member states may verify whether the vacancy concerned could not be filled by national or eu , or by third - country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law and reject the application . ### member states may verify whether the vacancy concerned could not be filled by nationals of the member state concerned , by other union citizens , or by third country nationals lawfully residing in the member state and already forming part of its labour market by virtue of eu or national law and reject the application .


### the power to adopt delegated acts referred to in article 5 , article 6 and in article 8 shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in article 5 , article 6 and in article 8 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable , open - access and standardised platform for possible future in - vehicle applications or services .


### the common market organisation shall contribute to the achievement of the objectives laid down in articles 2 and 3 of the regulation on the common fisheries policy . ### the common market organisation shall contribute to the achievement of the objectives laid down in the regulation on the common fisheries policy and , in particular to improving market incentives to support sustainable production practices , the market position of eu production , producers’ market strategies to adapt eu production to structural market changes and short term fluctuations and to enhance the market potential of eu products .


### aquaculture producer organisations make use of the following measures to achieve the objectives referred to in article 10 : ### aquaculture producer organisations may make use , inter alia , of the following measures to achieve the objectives referred to in article 10 :


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


### promoting viable fishing activities of their members in full compliance with the conservation policy laid down in the regulation on the common fisheries policy and environmental legislation ; ### promoting viable and sustainable fishing activities of their members in full compliance with the conservation policy laid down in the regulation on the common fisheries policy and environmental legislation ;


### survey prices regularly along the union supply chain for fishery and aquaculture products and conduct analyses on market trends ; ### survey prices regularly along the union supply chain for fishery and aquaculture products and conduct analyses on market trends , and make the findings of those surveys and analyses public ;


### producer organisations are the key actors for the appropriate application of the common fisheries policy and the common market organisation . it is therefore necessary to strengthen their objectives to ensure that their members carry out fishing and aquaculture activities in a sustainable manner , improve the placing on the market of products , and collect economic information on aquaculture . when realising these objectives , producer organisations should take account the different conditions of the fishery and aquaculture sectors prevailing in the union , in particular the specificities of small - scale fisheries . ### producer organisations are the key actors for the appropriate application of the common fisheries policy and the common market organisation . it is therefore necessary to strengthen their objectives in order to ensure that their members carry out fishing and aquaculture activities in a sustainable manner , improve the placing on the market of products and collect environmental and economic information on aquaculture , whilst experiencing an improvement in their incomes . when realising these objectives , producer organisations should take into account the different conditions of the fishery and aquaculture sectors prevailing in the union , in particular the specificities of small - scale fisheries , and especially their greater environmental sustainability , which warrants support and positive discrimination in favour of this fleet segment within the cmo .


### each producer organisation shall submit a production and marketing plan to their competent national authorities to fulfil the objectives laid down in article 3 . ### each producer organisation shall submit a production and marketing plan to their competent national authorities to fulfil the objectives laid down in article 3 . plans may take biological rest periods into account .


### within two months of receipt of the notification , the commission shall take a decision authorising or refusing to authorise the extension of rules and shall inform the member states . where the commission has not taken a decision within the two - month period , the extension of rules shall be deemed to have been authorised by the commission . ### within 15 days of receipt of the notification , the commission shall take a decision authorising or refusing to authorise the extension of rules and shall inform the member states . where the commission has not taken a decision within the 15 - day period , the extension of rules shall be deemed to have been authorised by the commission .


### in the case of fishery products caught at sea , the name of one of the areas , subareas or divisions listed in the fao fishing areas ; ### in the case of fishery products caught at sea , the name of one of the areas , subareas or divisions listed in the fao fishing areas , including its coastal and geographical denomination , expressed in terms understandable to consumers ;


### for the purposes of paragraph 1 a fishery producer organisation is deemed representative where it accounts for at least 65 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules ### for the purposes of paragraph 1 a fishery producer organisation is deemed representative where it accounts for at least 65 % of the quantities marketed of the relevant product and incorporates a substantial part of the different fleets involved in the fishery for that product during the previous year in the area where it is proposed to extend the rules


### making the best use of unwanted catches of commercial stocks by : ### making the best use of unwanted catches of commercial and non - commercial stocks by :


### the common market organisation shall be guided by the principles of good governance laid down in article 4 of the regulation on the common fisheries policy . ### the common market organisation shall be guided by the principles of good governance , clearly defining responsibilities at the union , national , regional and local levels , with a long - term perspective , the broad involvement of stakeholders , the responsibility of the flag state , and consistency with the integrated maritime policy , the trade policy and other union policies .


### contributing to food supply and employment in coastal and rural areas ; ### contributing to food supply , observing high food quality and safety standards , and to employment in coastal and rural areas ;


### planning the fishing activities of their members ; ### planning the management of the fishing activities of their members ;


### communication to the commission ### communication to the commission and publication of the list of producer organisations


### for the purposes of paragraph 1 a fishery producer organisation is deemed representative where it accounts for at least 65 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules . ### for the purposes of paragraph 1 a fishery producer organisation is deemed representative where it accounts for at least 30 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules


### whether the product is fresh or has been defrosted ; ### whether the product is frozen or has been defrosted for sale to consumers , pursuant to annex vi of regulation 1169 / 2011 .


### each producer organisation shall submit a production and marketing plan to their competent national authorities to fulfil the objectives laid down in article 3 . ### each producer organisation shall submit a production and marketing plan to their competent national authorities to fulfil the objectives laid down in articles 3 , 7 and 10 .


### the rules to be extended to non - members shall apply for a period between 90 days and 12 months . ### the rules to be extended to non - members shall apply for a period between 30 days and 12 months .


### the common market organisation shall contribute to the achievement of the objectives laid down in articles 2 and 3 of the regulation on the common fisheries policy . ### the common market organisation shall contribute to the achievement of the objectives laid down in the regulation on the common fisheries policy and , in particular to improving market incentives to support sustainable production practices , the market position of eu production , producers’ market strategies to adapt eu production to structural market changes and short term fluctuations and to enhance the market potential of eu products .


### aquaculture producer organisations make use of the following measures to achieve the objectives referred to in article 10 : ### aquaculture producer organisations may make use , inter alia , of the following measures to achieve the objectives referred to in article 10 :


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


### producer organisations are the key actors for the appropriate application of the common fisheries policy and the common market organisation . it is therefore necessary to strengthen their objectives to ensure that their members carry out fishing and aquaculture activities in a sustainable manner , improve the placing on the market of products , and collect economic information on aquaculture . when realising these objectives , producer organisations should take account the different conditions of the fishery and aquaculture sectors prevailing in the union , in particular the specificities of small - scale fisheries . ### producer organisations are the key actors for the appropriate application of the common fisheries policy and the common market organisation . it is therefore necessary to strengthen their objectives to ensure that their members carry out fishing and aquaculture activities in a sustainable manner , improve the placing on the market of products , and collect information on aquaculture . when realising these objectives , producer organisations should take account the different conditions of the fishery and aquaculture sectors prevailing in the union , in particular the specificities of small - scale fisheries .


### proceeds which were transferred to third parties by a convicted person or on his behalf , or by suspected or accused persons under the circumstances of article 5 , or ### proceeds which were transferred directly or indirectly to third parties , or


### ‘ confiscation’ means a penalty or a measure , ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property ; ### ' confiscation ' means a penalty or a measure , ordered by a court following proceedings resulting in the final deprivation of property ;


### proceeds which were transferred to third parties by a convicted person or on his behalf , or by suspected or accused persons under the circumstances of article 5 , or ### proceeds or instrumentalities which were transferred directly or indirectly to or acquired by third parties , or


### each member state shall adopt the necessary measures to enable it to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts , a court finds it substantially more probable that the property in question has been derived by the convicted person from similar criminal activities than from other activities . ### each member state shall adopt the necessary measures to enable competent authorities to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts such as that the value of property is disproportionate to the lawful income of the convicted person , a court finds it on the balance of probabilities that the property in question has been acquired unlawfully .


### the confiscation of proceeds or property referred to in paragraph 1 shall be possible where the property is subject to restitution or where ### the confiscation of proceeds or property referred to in paragraph 1 shall be possible where


### the main motive for cross - border organised crime is financial gain . in order to be effective , law enforcement and judicial authorities should be given the means to trace , freeze , manage and confiscate the proceeds of crime . ### the main motive for most crime , and particularly cross - border organised crime , including mafia - type criminal organization , is financial gain . in order to be effective , appropriate competent authorities should be given the means to trace , freeze , manage and confiscate the proceeds of crime . however , effective prevention of and fight against organized crime should not be limited to the neutralization of the proceeds of crime but should be extended , in some cases , even to property in any way related to such criminal associations . it is not enough , therefore , merely to ensure mutual recognition in the eu of seizure and confiscation of proceeds of crime . an effective fight against economic crime would also require the mutual recognition of measures taken in a different field from that of criminal law or otherwise adopted in the absence of a criminal conviction and that they have as their object , more broadly , any possible asset or income attributable to a criminal organization or to a person with a criminal conduct or suspected to belong to a criminal organization .


### the proceeds or property were transferred for free or in exchange for an amount lower than their market value when the third party : ### the proceeds or property were transferred for free or in exchange for an amount significantly lower than their market value ;


### the issuance of confiscation orders generally requires a criminal conviction . in some cases , even where a criminal conviction cannot be achieved , it should still be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy . some member states allow confiscation where there is insufficient evidence for a criminal prosecution , if a court considers on the balance of probabilities that the property is of illicit origin , and also in situations where a suspect or accused person becomes a fugitive to avoid prosecution , is unable to stand trial for other reasons or died before the end of criminal proceedings . this is referred to as non - conviction based confiscation . provision should be made to enable non - conviction based confiscation in at least the latter , limited , circumstances in all member states . this is in line with article 54 . 1 . c ) of the united nations convention against corruption , which provides that each state party is to consider taking the necessary measures to allow confiscation of illicitly acquired property without a criminal conviction , including in cases in which the offender cannot be prosecuted by reason of death , flight or absence . ### the issuance of confiscation orders generally requires a criminal conviction . in some cases , even where a criminal conviction cannot be achieved , it should anyhow be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy . some member states allow confiscation where there is insufficient evidence for a criminal prosecution or regardless a criminal prosecution , if a court considers , on the balance of probabilities , that the property of a person socially dangerous or having a criminal lifestyle is of illicit origin or disproportionate if compared to his declared income , and also in situations where a suspect or accused person becomes a fugitive to avoid prosecution , is unable to stand trial for other reasons or died before the end of criminal proceedings . this is referred to as non - conviction based confiscation . provision should be made to enable non - conviction based confiscation in at least the above mentioned , limited , circumstances in all member states , including the mutual recognition to such non conviction - based orders . this is in line with article 54 . 1 . c ) of the united nations convention against corruption , which provides that each state party is to consider taking the necessary measures to allow confiscation of illicitly acquired property without a criminal conviction , including in cases in which the offender cannot be prosecuted by reason of death , flight or absence or in other appropriate cases .


### other property of the convicted person , which was transferred to third parties in order to avoid confiscation of property the value of which corresponds to the proceeds . ### other property which was transferred to third parties in order to avoid confiscation of property the value of which corresponds to the proceeds .


### each member state shall ensure that the measures referred to in paragraph 1 optimise the economic value of such property , and shall include the sale or transfer of property which is liable to decline in value . ### each member state shall ensure that the measures referred to in paragraph 1 to frozen property optimise the economic value of such property , and shall include , only if necessary , the sale or transfer of property which is liable to decline in value . each member state shall take all the necessary measures to prevent any criminal infiltration in this phase .


### funds may be left unallocated . subject to their subsequent allocation or re - allocation as provided for in articles 11 and 13 , the use of these funds shall be decided later in accordance with the common implementing regulation . ### funds may be left unallocated . subject to their subsequent allocation or re - allocation as provided for in articles 11 and 13 , the use of these funds shall be decided later in accordance with the common implementing regulation , while fully respecting the prerogatives of the budget authority in the annual budgetary procedure .


### fighting climate change and protecting the environment are among the great challenges which face the union and where the need for international action is urgent . in accordance with the intent stated in commission communication ‘ a budget for europe 2020’ of 29 june 2011 , this regulation should contribute to the objective of addressing at least 20% of the eu budget to low carbon and climate resilient society , and the global public goods and challenges programme should use at least 25% of its funds to cover climate change and environment . actions in these two areas should , wherever possible , be mutually supportive in order to reinforce their impacts . ### fighting climate change and protecting the environment are among the great challenges which face the union and the developing countries , and where the need for international action is urgent . in accordance with the intent stated in commission communication ‘ a budget for europe 2020’ of 29 june 2011 , this regulation should contribute to the objective of targeting the eu budget towards low carbon and climate resilient society , and the global public goods and challenges programme should use part of its funds to cover climate change and environment . actions in these two areas should , wherever possible , be mutually supportive in order to reinforce their impacts , notwithstanding the fact that the main objective of this instrument is the achievement of mdgs including fight against poverty . as pledged by the eu in the copenhagen accord , resources for mitigation and adaptation in developing countries shall be new and additional .


### within one year from the end of a clinical trial , the sponsor shall submit to the eu database a summary of the results of the clinical trial . however , where , for scientific reasons , it is not possible to submit a summary of the results within one year , the summary of results shall be submitted as soon as it is available . in this case , the protocol shall specify when the results are going to be submitted , together with an explanation . ### within one year from the end of a clinical trial , the sponsor shall submit to the eu database the clinical study report , including a lay summary of the clinical trial . however , where , for scientific reasons , it is not possible to submit the clinical study report within one year , it shall be submitted as soon as it is available . in this case , the protocol shall specify when the results are going to be submitted , together with an explanation .


### written information given to the subject and / or the legal representative for the purposes of obtaining his or her informed consent shall be kept concise , clear , relevant , and understandable to a lay person . it shall include both medical and legal information . it shall inform the subject about his or her right to revoke his or her informed consent . ### any written information given to the subject and / or the legal representative prior to obtaining his or her informed consent shall be concise , clear , relevant , and understandable to a layperson . special attention should be given to the information needs of individual subjects and specific patient populations , as well as to the methods used to give the information . it shall include both medical and legal information . it shall inform the subject about his or her right to revoke his or her informed consent at any time .


### unless other union legislation requires archiving for a longer period , the sponsor and the investigator shall archive the content of the clinical trial master file for at least five years after the end of the clinical trial . however , the medical files of subjects shall be archived in accordance with national legislation . ### the sponsor and the investigator shall archive the content of the clinical trial master file in electronic format after the end of the clinical trial . the electronic master file shall be archived in a readable and easily accessible format . however , the medical files of subjects shall be archived in accordance with national legislation .


### member states shall ensure that the assessment is done jointly by a reasonable number of persons who collectively have the necessary qualifications and experience . ### member states shall ensure that the assessment is done jointly by a reasonable number of persons who collectively have the necessary qualifications and experience in order to guarantee compliance with scientific and ethical quality requirements .


### this chapter is without prejudice to the possibility for the sponsor to submit , following the refusal to grant an authorisation or the withdrawal of an application , an application for authorisation to any intended member state concerned . that application shall be considered as a new application for authorisation of another clinical trial . ### this chapter is without prejudice to the possibility for the sponsor to submit , following the refusal to grant an authorisation or the withdrawal of an application , an application for authorisation to any intended member state concerned . that application shall be considered as a new application for authorisation of another clinical trial . an explanation about previous applications which have been withdrawn or refused shall be included in the new application .


### the eu database shall be publicly accessible unless , for all or parts of the data and information contained therein , confidentiality is justified on any of the following grounds : ### the eu database shall be publicly accessible in accordance with regulation no 1049 / 2001 unless , for all or parts of the data and information contained therein , confidentiality is justified on any of the following grounds :


### the clinical trial poses a minimal risk to , and imposes a minimal burden on , the subject . ### the clinical trial poses a proportionate risk with reference to the underlying life threatening medical condition , and imposes a proportionate burden on , the subject .


### the member states concerned should cooperate in assessing a request for authorisation of a clinical trial . this cooperation should not include aspects of an intrinsically national nature , nor ethical aspects of a clinical trial , such as informed consent . ### the member states concerned should cooperate in assessing a request for authorisation of a clinical trial . this cooperation may exclude aspects of an intrinsically national nature .


### any sponsor may delegate any or all of its tasks to an individual , a company , an institution or an organisation . such delegation shall be without prejudice to the responsibility of the sponsor . ### any sponsor may delegate any or all of its logistic tasks to an individual , a company , an institution or an organisation . such delegation shall be without prejudice to the scientific and ethical responsibility of the sponsor .


### unless other union legislation requires archiving for a longer period , the sponsor and the investigator shall archive the content of the clinical trial master file for at least five years after the end of the clinical trial . however , the medical files of subjects shall be archived in accordance with national legislation . ### the sponsor and the investigator shall archive the content of the clinical trial master file for an indefinite period of time after concluding the clinical trial . however , the medical files of subjects shall be archived in accordance with national legislation . if the sponsor is unable to archive the master file , it may be archived in the eu database .