### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right and access to education , as well as access to healthcare and childcare , have to be taken into account by the member states . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . consideration should be given to the fact that any applicant for asylum may have experienced physical violence , including sexual violence , and / or mental trauma and will therefore need appropriate care .


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms of bias - motivated violence , torture , rape or other serious acts of psychological , physical or sexual violence are provided with holistic rehabilitation services for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care as well as qualified counselling , with the support of a qualified interpreter where needed . access to that support shall be as early as possible after a victim has been identified .


### member states shall ensure that applicants , irrespective of where they are required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] , receive the necessary health care which shall include , at least , emergency care and essential treatment of illnesses , including of serious mental disorders . ### member states shall ensure that applicants receive the necessary physical and mental health care which shall include , at a minimum , emergency care and essential treatment of illnesses , including of serious mental disorders .


### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 153 , 154 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### shareholders and persons belonging to the management body of an undertaking , including non - executive members , as well as volunteers and unpaid trainees ; ### shareholders and persons belonging to the management body of an undertaking , including non - executive members , as well as volunteers and trainees ;


### the use of internal reporting channels was not mandatory for the reporting person , in accordance with article 4 ; ### the use of internal reporting channels would not have achieved the same results ;


### persons having the status of worker , with the meaning of article 45 tfeu ; ### persons having or having had the status of a worker or an employee - like employment relationship , with the meaning of article 45 tfeu ;


### a person reporting externally shall qualify for protection under this directive where one of the following conditions is fulfilled : ### a person reporting shall qualify for protection under this directive when raising concerns about matters under national law implementing union law in particular when he or she was entitled to report directly to a competent authority by virtue of union law :


### traineeships and jobs in solidarity - related areas can offer additional opportunities for young people to make a start on the labour market while contributing to addressing key societal challenges . this can help foster the employability and productivity of young people while easing their transition from education to employment , which is key to enhancing their chances on the labour market . the traineeship placements offered under the european solidarity corps should be remunerated by the participating organisation and follow the quality principles outlined in the council recommendation on establishing a quality framework for traineeships of 10 march 201421 . the traineeships and jobs offered should constitute a stepping stone for young people to enter the labour market and should therefore be accompanied by adequate post - placement support . the traineeship and job placements should be facilitated by relevant labour market actors , in particular public and private employment services , social partners and chambers of commerce . as participating organisations , they should be able to apply for funding via the competent implementing structure of the european solidarity corps in view of intermediating between the young participants and employers offering traineeship and job placements in solidarity sectors . __________________ 21 council recommendation of 10 march 2014 on a quality framework for traineeships , oj c 88 , 27 . 3 . 2014 , p . 1 . ### the european solidarity corps should also provide for a framework for traineeships and jobs in solidarity - related areas , which should be clearly separated from voluntary activities , both from a financial and organisational point of view , as they can offer different and additional opportunities for young people to make a start on the labour market , while contributing to addressing key societal challenges . besides , remunerated traineeships and jobs can represent an incentive for disadvantaged young people to participate in solidarity - related activities that they may not be able to afford otherwise . the traineeship placements can ease the transition of young people from education to employment , which is key to achieve their sustainable integration into the labour market . the traineeship placements offered under the european solidarity corps should always be remunerated by the participating organisation and should follow the quality principles outlined in the council recommendation on establishing a quality framework for traineeships of 10 march 201421 . besides , the traineeship placements should be based on a written agreement concluded at the beginning of the traineeship between the trainee and the participating organisation , which should indicate the educational and training objectives , the working conditions , the remuneration and the rights and obligations of the parties under applicable national law and / or applicable collective agreements of the participating country where the traineeship takes place , as well as the duration of the traineeship . traineeship placements offered should constitute a stepping stone for young people to enter the labour market and should not substitute jobs . traineeship placements should be temporary and should have a reasonable duration as defined in this regulation . job placements should be based on a written contract and should respect all the terms and conditions of employment as defined in national law and / or applicable collective agreements of the participating country where the job is carried out . traineeships and jobs should therefore be accompanied by adequate preparation , on - the - job training and post - placement support . the traineeship and job placements should be facilitated by relevant labour market actors , in particular public and private employment services , social partners and chambers of commerce . as participating organisations , they should be able to apply for funding via the competent implementing structure of the european solidarity corps in view of intermediating between the young participants and employers offering traineeship and job placements in solidarity sectors . __________________ 21 council recommendation of 10 march 2014 on a quality framework for traineeships , oj c 88 , 27 . 3 . 2014 , p . 1 .


### “traineeship” means a period of work practice from two to twelve months , remunerated by the organisation hosting the european solidarity corps participant , based on a written traineeship agreement , which includes a learning and training component , and undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to regular employment ; ### “traineeship” means a period of work practice from three to six months , renewable only once and for a maximum duration of twelve months within the same participating organisation , remunerated by the organisation hosting the european solidarity corps participant , which includes a learning and training component , and is undertaken in order to gain practical and professional experience with a view to gain competences useful for the personal , educational , social , civic and professional development of the participant . it shall be based on a written agreement concluded at the beginning of the traineeship between the participant and the participating organisation , indicating the educational objectives , the working conditions , the remuneration and the rights and obligations of the parties under national law and / or applicable collective agreements of the country where the traineeship takes place , as well as the duration of the traineeship . such traineeships shall not substitute jobs ;


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a main entry point for solidarity activities undertaken by young people throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people in accessing volunteering opportunities and those developed to ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### “participating organisation” means any public or private entity that has been attributed the european solidarity corps quality label , which offers a placement to a participant in the european solidarity corps or implements other activities in the framework of the european solidarity corps ; ### “participating organisation” means any public or private entity that has been attributed the european solidarity corps quality label , which offers a volunteering , traineeship or job placement to a participant in the european solidarity corps or implements other activities in the framework of the european solidarity corps ;


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a main entry point for solidarity activities undertaken by young people throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service , and should not jeopardise financing of the already existing relevant programmes in the area of solidarity . it should also complement the efforts made by member states to support young people in accessing volunteering opportunities and those developed to ease their school - to - work transition by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , the european youth forum , the european volunteer centre and other relevant civil society organisations including the social partners , should also be ensured . partnerships with european networks which are specialised in certain urgent social problems which are insufficiently tackled by member states such as extreme poverty , homelessness , destitution among roma communities , exclusion of asylum seekers , should be established . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate .


### the objective of the european solidarity corps is to enhance the engagement of young people and organisations in accessible and high quality solidarity activities as a means to contribute to strengthening cohesion and solidarity in europe , supporting communities and responding to societal challenges . ### the objective of the european solidarity corps is to contribute to the strengthening of cohesion and solidarity in europe , to support communities and respond to societal challenges by enhancing the engagement of young people and organisations in accessible and high quality solidarity activities .


### ' job ' means a period of work from two to twelve months , remunerated by the participating organisation employing the european solidarity corps participant , carried out in a participating country and based on an employment contract in accordance with the national regulatory framework of that participating country ; ### ' job ' means a period of work of at least twelve months , based on a written employment contract which shall respect all the terms and conditions of employment as defined in national law and / or applicable collective agreements of the country where the job is being carried out . it shall be remunerated by the participating organisation employing the european solidarity corps participant ;


### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . ### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering online and offline training , language support , insurance , administrative and pre - and post - placement support to participants . this support should be created in collaboration with youth organisations and other civil society organisations in order to tap into their expertise on the field . post - placement support should also prioritise the continuous civic engagement of the participants in their community , guiding them towards local organisations or projects to engage with after the placement .


### solidarity placements , projects and networking activities ### solidarity placements , in the form of volunteering ; traineeships or jobs ; projects and networking activities ;


### to ensure the impact of european solidarity corps placements on the personal , educational , social , civic and professional development of the participants , the knowledge , skills and competences that are the learning outcomes of the placement should be properly identified and documented , in accordance with national circumstances and specificities , as recommended in the council recommendation of 20 december 2012 on the validation of non - formal and informal learning22 . __________________ 22 council recommendation of 20 december 2012 on the validation of non - formal and informal learning , oj c 398 , 22 . 12 . 2012 , p . 1 . ### to ensure the impact of european solidarity corps placements on the personal , educational , social , civic and professional development of the participants , the knowledge , skills and competences that are the learning outcomes of the placement should be properly identified , documented , assessed and certified , in accordance with national circumstances and specificities , as recommended in the council recommendation of 20 december 2012 on the validation of non - formal and informal learning22 . __________________ 22 council recommendation of 20 december 2012 on the validation of non - formal and informal learning , oj c 398 , 22 . 12 . 2012 , p . 1 .


### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - placement support as well as other useful functionalities , which may arise in the future . ### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , information on existing solidarity placements or projects and on participating organisations , relevant union and national contact points , online training , language and pre and post - placement support , direct feedback mechanisms as well as other useful functionalities , which may arise in the future .


### measures aimed at ensuring the quality of solidarity placements , including training , language support , administrative support for participants and participating organisations , insurance , post - placement support as well as the development of a certificate that identifies and documents the knowledge , skills and competences acquired during the placement ; ### measures aimed at ensuring the quality and accessibility of solidarity placements , including online and offline training , language support , administrative support for participants and participating organisations , insurance , pre - and post - placement support as well as the development of a certificate that identifies , documents , assesses and certifies the knowledge , skills and competences acquired during the placement ;


### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , and be implemented in safe and healthy conditions . ### the solidarity activities offered to young people should help respond to unmet societal needs and contribute to strengthening communities , and should therefore be of high quality and effectively accessible to young people , offering them the opportunity to acquire valuable knowledge and competences and to have their efforts recognised , and be implemented in safe and healthy conditions . particular efforts should be made to ensure the effective inclusiveness and accessibility of the solidarity activities offered , notably in relation to disadvantaged young people .


### voluntary activities constitute a rich experience in a non - formal and informal learning context which enhances young people ' s personal , socio - educational and professional development , active citizenship and employability . voluntary activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . in order to ensure continuity with respect to the volunteering activities that are supported at union level , the volunteering activities under the european voluntary service that fall within the geographical scope of the european solidarity corps should be supported by the latter in the form of cross - border volunteering placements . the other volunteering activities under the european voluntary service that do not fall under the geographical scope of the european solidarity corps should continue to be supported under the programme established by regulation no 1288 / 2013 of the european parliament and of the council establishing ' erasmus + ' : the union programme for education , training , youth and sport20 . with respect to the interpretation of related legislation at union level , both the cross - border volunteering placements under the european solidarity corps and the volunteering activities that continue to be supported under regulation no 1288 / 2013 should be considered equivalent to those carried out under the european voluntary service . __________________ 20 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ' erasmus + ' : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec , oj l 347 , 20 . 12 . 2013 , p . 50 . ### voluntary activities constitute a rich experience in a non - formal and informal learning context which enhances young people ' s personal , socio - educational and professional development , active citizenship and employability . however , given the cross - sectorial nature of solidarity - related activities , the different status of entities and organisations potentially involved into these activities , as well as the socio - economic significance of the solidarity sector in the union , provisions should be taken in this regulation to ensure that voluntary activities do not have an adverse effect on potential or existing paid employment , nor should they be seen or effectively deployed as a substitute for it . for this reason , solidarity placements in the form of volunteering under this regulation should be offered exclusively by public authorities or by participating organisations in the non - profit sector . in order to ensure continuity with respect to the volunteering activities that are supported at union level , the volunteering activities under the european voluntary service that fall within the geographical scope of the european solidarity corps should be supported by the latter in the form of cross - border volunteering placements . the other volunteering activities under the european voluntary service that do not fall under the geographical scope of the european solidarity corps should continue to be supported under the programme established by regulation no 1288 / 2013 of the european parliament and of the council establishing ' erasmus + ' : the union programme for education , training , youth and sport20 . with respect to the interpretation of related legislation at union level , both the cross - border volunteering placements under the european solidarity corps and the volunteering activities that continue to be supported under regulation no 1288 / 2013 should be considered equivalent to those carried out under the european voluntary service . __________________ 20 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ' erasmus + ' : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec , oj l 347 , 20 . 12 . 2013 , p . 50 .


### in order to maximise the impact of the european solidarity corps , provisions should be made to allow other union programmes such as the asylum , migration and integration fund , the europe for citizens programme , the european regional development fund and the health programme to contribute to the objectives of the european solidarity corps by supporting activities within its scope . this contribution should be financed in accordance with the respective basic acts of the concerned programmes . once they have obtained a valid european solidarity corps quality label , the beneficiaries should be given access to the european solidarity corps portal and receive the quality and support measures provided according to the type of activity offered . ### in order to maximise the impact of the european solidarity corps , provisions should be made to allow other union programmes such as the asylum , migration and integration fund , the europe for citizens programme , the european regional development fund and the health programme to contribute to the objectives of the european solidarity corps by supporting activities within its scope . this contribution should be financed in accordance with the respective basic acts of the concerned programmes . once they have obtained a valid european solidarity corps quality label , the participating organisations should be given access to the european solidarity corps portal and receive the quality and support measures provided according to the type of activity offered .


### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - placement support as well as other useful functionalities , which may arise in the future . ### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , information on existing solidarity placements or projects and on participating organisations , relevant european and national contact points , online training , language and pre and post - placement support , direct feedback mechanisms as well as other useful functionalities , which may arise in the future . particular attention will be made for the portal to be fully accessible by all young people regardless of their abilities .


### the european solidarity corps should open up new opportunities for young people to carry out volunteering , traineeship or job placements in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . those opportunities should contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps should also support networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes . ### the european solidarity corps should open up new opportunities for young people to carry out volunteering , traineeship or job placements in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . those opportunities should help respond to unmet societal needs and contribute to strengthening communities while also contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps should also support networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes . it should also contribute to supporting and strengthening existing organisations implementing solidarity actions .


### the european solidarity corps should open up new opportunities for young people to carry out volunteering , traineeship or job placements in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . those opportunities should contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps should also support networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes . ### the european solidarity corps should open up new opportunities for young people to carry out volunteering , traineeship or job placements in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . those opportunities should help respond to unmet societal needs and contribute to strengthening communities while also contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps should also support networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes .


### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ; ### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities which have european added value and a transnational dimension , developed in relation to different areas , such as education and training , employment , social inclusion , gender equality , social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , solidarity agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ;


### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . ### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , tools to support the recognition of the non - formal learning , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience .


### solidarity placements in the form of volunteering , traineeships or jobs , including individual cross - border and in - country placements as well as volunteering teams ' placements ; ### solidarity placements in the form of volunteering , traineeships or jobs , including individual cross - border placements - and , in the case of disadvantaged young people , in - country placements - as well as volunteering teams ' placements ;


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object which is of significant importance for archaeology , prehistory , history , literature , art or science , is unique in its characteristics , contributes greatly to the commemoration of the history of mankind , belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ;


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for all categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### importer statement ### importer statement and preservation assurance


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they shall also use awareness - raising campaigns and establish and make available easily accessible information points and hotlines to sensitise and inform in particular buyers of cultural goods and other stakeholders .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement and a preservation assurance to the customs authorities of the member state of entry .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adoption cooperation with the european parliament and the council specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### where the export country is not a contracting party to the 1970 unesco convention , it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations ; ### where it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations ;


### the importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities . ### the importer statement shall include a standardised document in electronic or hard copy format describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods , professional importers of artworks and collectors .


### the importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities . ### the importer statement and the preservation assurance shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities .


### customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the union where the cultural goods in question entered the customs territory of the union without the conditions laid down in paragraphs 1 and 2 of article 3 being fulfilled . ### customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the union where the cultural goods in question entered the customs territory of the union without the conditions laid down in paragraphs 1 and 2 of article 3 being fulfilled , until such time as the documents attesting to those conditions being fulfilled are presented .


### the commission may adopt , by means of implementing acts , the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission may adopt , by means of implementing acts , the template for the importer statement , the preservation assurance , as well as the procedural rules on the submission and processing of both documents . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural heritage constitutes important identitarian and symbolic value for civilisation , it enriches the cultural life of all peoples and as an element of human security it should therefore be protected from unlawful appropriation and pillage . the economic and artistic value of the cultural heritage creates a strong demand on the international market , but the lack of strong international legislative measures and their enforcement leads to the transfer of these goods to the shadow economy . the looting and pillage of cultural goods contributes to further disintegration of already conflict - torn regions . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries .


### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information demonstrating notably that : ### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity shall be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information demonstrating notably that :


### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies . ### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open and functional internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies .


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the fund , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems . ### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the fund , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems . this amount shall not exceed 5% of the value of the financial envelope referred in paragraph 1 .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### the action shall be undertaken in a cooperation with a consortium of at least three legal entities which are established in at least three different member states and / or associated countries . every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different member states . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other .


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , non - governmental organisations , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts .


### in order to support an open internal market , participation of cross - border smes and mid - caps , either as members of consortia or as subcontractors , should be encouraged . ### in order to support an open internal market , participation of cross - border smes and mid - caps , either as members of consortia or as subcontractors is of crucial importance


### as the fund aims at enhancing the competitiveness , efficiency and autonomy of the union ' s defence industry , only entities established in the union or associated countries and not subject to control by non - associated third countries or non - associated third country entities should in principle be eligible for support . additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources used by the recipients and their subcontractors in actions supported by the fund should not be located on the territory of non - associated third countries . ### as the fund aims at enhancing the competitiveness , efficiency and autonomy of the union ' s defence industry , only entities established in the union or associated countries and not subject to control by non - associated third countries or non - associated third country entities should be eligible for support . additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources used by the recipients and their subcontractors in actions supported by the fund should not be located on the territory of non - associated third countries .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission with the support of experts on defence ethics . the commission shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission with the support of independent representative experts on defence ethics . the commission shall ensure the transparency of the ethics procedures .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , as well as certain other retransmissions , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as to the extent that those services have different characteristics and do not respect territorial restrictions .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be included in the scope of this regulation as long as , when compared for example to cable or closed circuit ip - based networks , they can ensure a controlled environment and a clearly delimited user group .


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### ' ancillary online service of a broadcaster ' means an online service produced by a broadcasting organisation consisting in the provision to the public , by or under the control and responsibility of such an organisation of the following services : ' catch - up service ' means a service consisting in the provision to the public of radio or television programmes which have been previously broadcast by the broadcasting organisation , and during a short period of time ; ' simulcasting service ' means a service consisting in the provision to the public of radio or television programmes in a linear manner simultaneously to the broadcast ; ' ancillary expanded audiovisual material services ' means services which give access to material which enriches or expands television and radio programmes broadcast by a broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content . the provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme and the provision of access to works or other protected subject matter independently of broadcast , should not be regarded as an ancillary online service of a broadcaster .


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### ' online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with , before , during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast or a broadcasting organisation ' s online service which chiefly makes works produced , co - produced or commissioned under its own editorial responsibility available online . .


### therefore , cross - border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities . ### therefore , in order to facilitate cross - border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other member states is necessary to adapt the legal framework on the exercise of copyright and related rights relevant for those activities .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire , or over the air , including that by satellite or online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin or travel there temporarily .


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , as well as certain other retransmissions , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation to the extent that those services have different characteristics and do not respect territorial restrictions . ip - based retransmission services , both offered on closed - circuit networks and on the open internet should be included in the scope of this regulation as long as they are provided to a defined number of users and comparable to closed circuit networks .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### it is essential to recall that , through the principle of contractual freedom , it should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with national and union laws .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , in a closed environment , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , in a closed environment , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is equivalent to those carried out by cable retransmission services operators and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . online services which , taken as a whole , are primarily and mainly targeted at an audience outside the member state in which the broadcasting organisation has its principal establishment are excluded from the scope of this regulation .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed - circuit ip - based , and mobile networks , and via an internet access service provided in accordance with regulation no 2015 / 2120 of the european parliament and of the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation only if they cannot ensure a controlled environment and their services do not have a definable number of users .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### the possibilities enabled by this regulation under no circumstance may they undermine the principles of territoriality and contractual freedom . through these principles it will be possible to continue limiting the exploitation of the rights affected by this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union and member states law .


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### ' ancillary online service of a broadcaster ' means an online service produced by a broadcasting organisation consisting in the provision to the public , by or under the control and responsibility of such an organisation of the following services : ' catch - up service ' means a service consisting in the provision to the public of radio or television programmes which have been previously broadcast by the broadcasting organisation , and during a short period of time ; ' simulcasting service ' means a service consisting in the provision to the public of radio or television programmes in a linear manner simultaneously to the broadcast ; ' ancillary expanded audiovisual material services ' means services which give access to material which enriches or expands television and radio programmes broadcast by a broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content . the provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme and the provision of access to works or other protected subject matter independently of broadcast , should not be regarded as an ancillary online service of a broadcaster .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . the provisions of this regulation should be without prejudice to any existing or future arrangements in the member states concerning the management of rights such as extended collective licences , legal presumptions of representation or transfer , collective management or similar arrangements or a combination of them .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### broadcasting organisations transmit daily many hours of news and current affairs programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the amount of the payment to be made for the relevant rights set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version .


### the agency’s revenue shall consist of a contribution from the union , fees paid by undertakings for obtaining and maintaining union marketing authorisations and for other services provided by the agency , or by the coordination group as regards the fulfilment of its tasks in accordance with articles 107c , 107e , 107g , 107k and 107q of directive 2001 / 83 / ec and charges for other services provided by the agency . ### the agency’s revenue shall consist of a contribution from the union , fees paid by undertakings for obtaining and maintaining union marketing authorisations for medicinal products for human and veterinary use , and for other services provided by the agency under this regulation or regulation . . . of the european parliament and of the council on veterinary medicinal products , or by the coordination group as regards the fulfilment of its tasks in accordance with articles 107c , 107e , 107g , 107k and 107q of directive 2001 / 83 / ec and charges for other services provided by the agency .


### the definitions laid down in article 1 of directive 2001 / 83 / ec shall apply for the purposes of this regulation . ### the definitions laid down in article 1 of directive 2001 / 83 / ec and in regulation . . . of the european parliament and of the council on veterinary medicinal products shall apply for the purposes of this regulation .


### member states shall define upper and lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises . ### member states may define upper and / or lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . member states shall annually notify to the ec any change related to the thresholds . support shall be limited to holdings coming under the definition of micro and small enterprises .


### ' the authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise . the beneficiaries under this measure shall be chosen through calls for tenders . the selection procedure shall be governed by public procurement law and shall be open to both public and private bodies . it shall be objective and shall exclude candidates with conflicts of interest . ' ### in article 15 , subparagraph 1 is replaced by the following : ' the authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise . the providers under this measure shall be chosen through a selection procedure open to both public and private bodies . it shall be objective and shall exclude candidates with conflicts of interest . '


### ' ' grasses or other herbaceous forage ' means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the member state , whether or not used for grazing animals ; ' ### - 1a . in article 4 , point is replaced by the following : ' ' grasses or other herbaceous forage ' means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the member state , whether or not used for grazing animals , including leguminous crops which are seeded pure ; '


### ' where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle , there shall be at least two different crops on that arable land . the main crop shall not cover more than 75 % of that arable land . ' ### 3 b . in article 44 , the first subparagraph is replaced by the following : ' where the arable land of the farmer covers between 15 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle , there shall be at least two different crops on that arable land . the main crop shall not cover more than 75 % of that arable land . '


### actions related to coaching of other producer organisations , producer groups or individual producers from member states referred to in article 35 . ### or related to actions and activities aimed to diversification and consolidation of export markets in third countries referred to in article 33 , or related to actions and activities aimed to diversification and consolidation of export markets in third countries referred to in article 33 point f .


### coaching to other producer organisations , associations of producer organisations , producer groups or individual producers ### coaching to other producer organisations , associations of producer organisations , producer groups or individual producers ; actions aimed to diversification and consolidation of export markets in third - countries , including inter - alia export credit insurance , costs related to the negotiation and management of phytosanitary protocols , market studies and evaluations , brand promotion or advertisement activities on the media , participation at fairs or exhibitions , information campaigns with advertising or promotional material