### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the employee shall have the right to return to the original working pattern at the end of the agreed period . the employee shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond in writing to such requests , taking into account the needs of both employers and employees .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences , without , however , abusing this right . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers and ensure that they are properly balanced , it should be possible for member states to limit the duration of flexible working arrangements , including provisions for reduced working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . __________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep . ### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed nine months . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . __________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , employers should give those workers the possibility to adapt their working schedules to their personal needs and preferences . working parents and carers should be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request .


### the third - country national no longer holds a valid work contract for highly skilled employment or the qualifications required by points and of article 5 or his or her salary no longer meets the salary threshold as set in accordance with article 5 , or , as applicable , without prejudice to article 14 . ### the third - country national no longer holds a valid work contract for skilled employment or the qualifications required by points and of article 5 , without prejudice to article 14


### “higher education qualifications” means any diploma , certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post - secondary higher education or equivalent tertiary education programme , namely a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the state in which it is situated , where the studies needed to acquire those qualifications lasted at least three years and correspond at least to isced 2011 level 6 or to eqf level 6 , according to national law ; ### “education qualifications” means any diploma , certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of at least a secondary education programme , namely a set of courses provided by an educational establishment recognised as a secondary education institution or equivalent by the state in which it is situated and correspond at least to isced 2011 level 3 or to eqf level 3 according to national law


### member states may decide to provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an eu blue card . ### member states shall provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an eu blue card . member states shall provide clear and transparent information to the employers concerned .


### an eu - wide admission system to attract and retain highly skilled workers into the union should be created . member states should issue an eu blue card instead of a national permit to all applicants falling within the scope of this directive . member states should retain the right to issue permits other than eu blue card for any purpose of employment to third - country nationals who fall outside of the scope of this directive , subject to the limitations following from other directives in the area of labour migration . ### an eu - wide admission system to attract and retain skilled workers into the union should be created . member states should progressively abolish within 5 years after the entry into force of this directive the existing national schemes for skilled workers . during the 5 years of transition or until the abolition of those national schemes , member states should give preference to the eu blue card to applicants falling within the scope of this directive and , when not possible , automatically deliver an eu blue card to all candidates who qualify for the national scheme .


### eu blue card holders should be allowed to move to a second member state under simplified conditions where they intend to apply for a new eu blue card based on an existing work contract or binding job offer . second member states should not be allowed to require from eu blue card holders any other authorisation than the eu blue card issued by the first member state . as soon as they submit an application for an eu blue card within the deadline provided for in this directive , they should be allowed to begin employment . in the second member state the procedure for issuing an eu blue card should be simplified compared to the first eu blue card ; as the mobile eu blue card holder has already exercised highly skilled activity in one member state for a certain period of time , the second member state should not have the need to control all the same details for a second time . however , mobility should remain demand - driven and therefore a work contract should always be required in the second member state , and the salary should meet the threshold set by the second member state in accordance with this directive . ### eu blue card holders should be allowed to move to a second member state under simplified conditions where they intend to apply for a new eu blue card based on an existing work contract or binding job offer . second member states should not be allowed to require from eu blue card holders any other authorisation than the eu blue card issued by the first member state . as soon as they submit an application for an eu blue card within the deadline provided for in this directive , they should be allowed to begin employment . in the second member state the procedure for issuing an eu blue card should be simplified compared to the first eu blue card ; as the mobile eu blue card holder has already exercised highly skilled activity in one member state for a certain period of time , the second member state should not have the need to control all the same details for a second time . however , mobility should remain demand - driven and therefore a work contract should always be required in the second member state .


### member states shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions , including the rights , obligations and procedural safeguards , of the third - country nationals falling under the scope of this directive and of their family members . this information shall include information on the salary thresholds set in the member state concerned in accordance with article 5 , and , and on the applicable fees . ### member states shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions , including the rights , obligations and procedural safeguards , of the third - country nationals falling under the scope of this directive and of their family members . this information shall include information on the applicable fees .


### member states shall demonstrate that where there is an overlap in the impact of policy measures or individual actions , there is no double counting of energy savings . ; ### while recognising that efficiency gains from primary and final energy are complementary , member states shall demonstrate that where there is an overlap in the impact of policy measures or individual actions , there is no double counting of energy savings .


### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . ### this directive establishes a common framework of measures to promote energy efficiency the union in order to ensure that the union ' s 2020 20 % headline targets and its binding headline targets on energy efficiency of at least 40% for 2030 are met and paves the way for further energy efficiency improvements beyond those dates , conforming the previously set energy goals and the global climate objective under the paris agreement . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and connects to the union ' s commitment to put energy efficiency first and bring multiple benefits for the climate , the union ' s citizens and businesses . in addition , this directive provides for the establishment of national energy efficiency targets and contributions for 2020 and 2030 .


### in designing alternative policy measures to achieve energy savings , member states shall take into account the effect on households affected by energy poverty . ### in designing alternative policy measures to achieve energy savings and to ensure that ambitious energy renovation of existing buildings will be undertaken , member states shall take into account the positive effects on low - income households affected by energy poverty .


### member states shall continue to achieve new annual savings of 1 . 5% for ten year periods after 2030 , unless reviews by the commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the union ' s long term energy and climate targets for 2050 . ### starting from a 2050 perspective , member states shall continue to achieve new annual savings of 1 . 5% for the 2031 - 2040 and 2041 - 2050 periods , unless reviews based on objective and non - discriminatory criteria set by the commission by 2027 and every 10 years thereafter conclude that to achieve the union ' s long term energy and climate targets for 2050 , the annual obligation for energy savings should be adjusted .


### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . ### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and a 2030 40 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates in line with the union commitments made under the energy union and global climate agenda secured with the paris agreement of december 2015 . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , in line with the ' energy efficiency first ' principle , which should help exploit the multiple benefits of energy efficiency for europe ' s society , in particular for citizens and businesses . it is an element to progress towards the energy union , under which energy efficiency should be treated as an energy source in its own right , and energy efficiency and demand side response can compete on equal terms with generation capacity . it also provides for the establishment of national energy efficiency targets for 2020 and 2030 .


### allow energy savings achieved in the energy transformation , distribution and transmission sectors , including efficient district heating and cooling infrastructure , as a result of implementing the requirements set out in article 14 , point of article 14 and article 15 to and , to be counted towards the amount of energy savings required under paragraph 1 ; ### allow additional energy savings via energy efficiency improvements achieved in the energy transformation , distribution and transmission sectors , including efficient district heating and cooling infrastructure , as a result of implementing the requirements set out in article 14 , point of article 14 and article 15 to and , to be counted towards the amount of energy savings required under paragraph 1 ;


### in annex iv , footnote 3 is replaced by the following : ' applicable when energy savings are calculated in primary energy terms using a bottom - up approach based on final energy consumption . for savings in kwh electricity member states may apply a default coefficient of 2 , 0 . member states may apply a different coefficient provided they can justify it . ### in annex iv , footnote 3 is replaced by the following : ' applicable when energy savings are calculated in primary energy terms using a bottom - up approach based on final energy consumption . for savings in kwh electricity member states may apply a default coefficient of 2 , 0 . member states may apply a different coefficient provided they can justify it on the basis of national circumstances affecting primary energy consumption . those circumstances should be duly substantiated , measurable and verifiable and based on objective and non - discriminatory criteria .


### the calculation of energy savings shall take into account the lifetime of measures . this may be done by counting the savings each individual action will achieve between its implementation date and 31 december 2020 or 31 december 2030 as appropriate . alternatively , member states may adopt another method that is estimated to achieve at least the same total quantity of savings . when using other methods , member states shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 december 2020 or 31 december 2030 as appropriate . member states shall describe in detail in their integrated national energy and climate plans under the energy union governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement . ### the calculation of energy savings shall take into account the lifetime of measures by counting the savings each individual action will achieve between its implementation date and 31 december 2020 or 31 december 2030 as appropriate . alternatively , member states may adopt another method that is estimated to achieve at least the same total quantity of savings . when using other methods , member states shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 december 2020 or 31 december 2030 as appropriate . member states shall describe in detail in their integrated national energy and climate plans under the energy union governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out by an energy efficiency target of at least 40 % . in addition , member states will develop national energy plans , including binding national targets , drafted through an iterative process with the commission in accordance with regulation 20xx / xx [ governance of the energy union ] . the clarification at union level should not restrict member states as their freedom is kept to set more ambitious national targets based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 132 mtoe of primary energy and no more than 846 mtoe of final energy . this means that primary energy consumption should be reduced by 34 % and final energy consumption should be reduced by 29 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are binding targets at both national and union level in the 2030 perspective . the need for the union to achieve its energy efficiency targets , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 40 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national targets based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national binding energy efficiency targets taking into account that the union’s 2030 energy consumption has to be no more than 1 129 mtoe of primary energy and no more than 825 mtoe of final energy . this means that primary energy consumption should be reduced by 34 % and final energy consumption should be reduced by 31 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### appropriate outreach , publicity and dissemination of the opportunities and results of the actions supported by the european solidarity corps should be ensured at european , national and local level . the outreach , publicity and dissemination activities should rely on all the implementing bodies of the european solidarity corps , including , when relevant , with the support of other key stakeholders . ### appropriate outreach , publicity and dissemination of the opportunities and results of the actions supported by the european solidarity corps should be ensured at european , national , regional and local level . the outreach , publicity and dissemination activities should rely on all the implementing bodies of the european solidarity corps , including , when relevant , with the support of other key stakeholders .


### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market to accomplish , within its life span , multiple trips or rotations by being returned to the producer for refill or re - used for the same purpose for which it was conceived ; ### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is conceived , designed or placed on the market to be used only once , or is effectively used only once before it is discarded ;


### with regard to single - use plastic products for which there are no readily available suitable and more sustainable alternatives , member states should , in line with the polluter pays principle , also introduce extended producer responsibility schemes to cover the costs of waste management and clean - up of litter as well as the costs of awareness - raising measures to prevent and reduce such litter . ### with regard to single - use plastic products for which there are no readily available suitable and more sustainable alternatives , member states should , in line with the polluter pays principle , also introduce extended producer responsibility schemes to cover the costs of waste management and clean - up of litter , for which shared responsibility should apply , as well as the costs of awareness - raising measures to prevent and reduce such litter by tackling consumer misbehaviour .


### in order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic , consumers need to be properly informed about the most appropriate waste disposal options available and / or waste disposal options to be avoided , best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single - use plastic products and fishing gear . therefore , member states should be required to take awareness raising measures ensuring that such information is given to the consumers . the information should not contain any promotional content encouraging the use of the single - use plastic products . member states should be able to choose the measures which are most appropriate based on the nature of the product or its use . producers of single - use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation . ### in order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic , consumers need to be properly informed about the most appropriate waste disposal options available and / or waste disposal options to be avoided , best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single - use plastic products and fishing gear , in order to incentivise responsible consumer behaviour in the correct disposal of waste . therefore , member states should be required to take awareness raising measures ensuring that such information is given to the consumers . the information should not contain any promotional content encouraging the use of the single - use plastic products . member states should be able to choose the measures which are most appropriate based on the nature of the product or its use . producers of single - use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation .


### member states shall ensure that single - use plastic products listed in part c of the annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage . ### member states shall ensure that single - use plastic products listed in part c of the annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage . by way of derogation , carbonated drinks shall not require the caps and lids to remain attached to the container , subject to the evaluation and review procedure referred to in article 15 .


### member states shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the union market , in accordance with the provisions on extended producer responsibility in directive 2008 / 98 / ec . ### member states shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the union market , in accordance with the provisions on extended producer responsibility in directive 2008 / 98 / ec . member states shall ensure that those extended producer responsibility schemes achieve a recycling target of at least 15 % for fishing gear by 2025 . in order to achieve that target , member states may additionally require the schemes to inter alia : establish deposit - refund schemes to encourage the return of old , derelict or unusable fishing gear except in small unmanned ports or in remotely located ports ; include monitoring , tracking and reporting programmes ; and cover retrieval operations .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , as is being done for plastic bags under directive 94 / 62 / ec , as amended by directive 2015 / 72043a , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . member states should aim at the highest possible ambition for those measures , which should be proportionate to the seriousness of the marine littering risk of the various products and uses covered by the overall reduction target . __________________ 43a directive 2015 / 720 of the european parliament and of the council of 29 april 2015 amending directive 94 / 62 / ec as regards reducing the consumption of lightweight plastic carrier bags . 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling ; __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec . ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . on the other hand , some measures are already laid down in council regulation no 1224 / 2009 , in particular in a requirement on the master of a union fishing vessel to report within 24 hours to the competent authority of its flag member state any losses of fishing gear that cannot be retrieved . however , regulation no 1224 / 2009 does not monitor such losses of fishing gear in consistent way . furthermore , the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . such systems should provide for modulated financial contributions for gear designed for reuse and recycling , in line with the requirements of directive 2008 / 98 / ec . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec .


### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . ### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , especially the marine environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . specific criteria should be laid down to determine whether these alternatives meet the requirements that are currently met by single - use plastic products , comply with eu legislation on waste and provide greater sustainability .


### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems and low participation in those systems by the consumers . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quality of the recyclates , offering opportunities for the recycling business and the market for the recyclate . ### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems and low participation in those systems by the consumers . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or automated collection systems or any other measure that they find appropriate . this minimum collection target should be accompanied by a requirement for specific recycled content for plastic bottles , in order to ensure that the increase in plastic collected is reused or recycled and thus reintroduced into the circular economy . that will have therefore a direct , positive impact on the collection and recycling rate , the quality of the collected material and the quality of the recyclates , offering new opportunities for the recycling business and the market for the recyclate .


### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate . ### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability and for disintegration in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed .


### the commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 by . . . [ 12 months before the end - date for transposition of this directive ] . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 .


### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which can function as a main structural component of final products , with the exception of natural polymers that have not been chemically modified ; ### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which functions as the main structural component of final products , with the exception of natural polymers that have not been chemically modified and polymeric coatings , paints , inks and adhesives which are not capable of functioning as a main structural component of final articles and products ;


### the annex listing single - use plastic products needs to be reviewed ; ### the scope of this directive needs to be redefined and the annex listing single - use plastic products needs to be reviewed ;


### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which can function as a main structural component of final products , with the exception of natural polymers that have not been chemically modified ; ### ' plastic ' ; a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which functions as the main structural component of final products , with the exception of natural polymers that have not been chemically modified and polymeric coatings , paints , inks and adhesives , which are not capable of acting as a main structural component of final articles and products ;


### in order to clearly define the scope of this directive the term single - use plastic product should be defined . the definition should exclude plastic products that are conceived , designed and placed on the market to accomplish within their lifecycle multiple trips or rotations by being refilled or reused for the same purpose for which they are conceived . ### in order to clearly define the scope of this directive , the term single - use plastic product should be defined . the definition should include disposable products which are made wholly or partly from plastic and which are conceived , designed or placed on the market to be used only once , or are effectively used only once before being discarded . typical characteristics of single - use items are : prone to littering and prevalently ending in the marine environment ; a short use phase ; consumed predominantly away from home ; or where reusable or non - plastic alternatives exist .


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . in addition , they can cause substantial damage to sewer networks by clogging pumps and blocking pipes . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental and economic impacts of litter as a result of inappropriate disposal . the commission should take account of sectorial voluntary agreements adopted for clear labelling rules in order to inform consumers , for example via a logo , whether or not the product is recyclable . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable .


### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market to accomplish , within its life span , multiple trips or rotations by being returned to the producer for refill or re - used for the same purpose for which it was conceived ; ### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is conceived , designed or placed on the market to be used only once before it is discarded .


### the high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life . its growing use in short - lived applications , which are not designed for re - use or cost - effective recycling means that related production and consumption patterns have become increasingly inefficient and linear . therefore , in the context of the circular economy action plan32 , the commission concluded in the european strategy for plastics33 that the steady increase in plastic waste generation and its leakage into our environment , in particular into the marine environment , must be tackled in order to achieve a truly circular lifecycle for plastics . __________________ 32 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' closing the loop – an eu action plan for the circular economy ' 0614 final ) . 33 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) . ### the high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life . global production of plastic has increased sharply and in 2017 reached 348 million tonnes . the european share of that production represented 18 , 5&#160 ; % . its growing use in short - lived applications , which are not designed for re - use or cost - effective recycling means that related production and consumption patterns have become increasingly inefficient and linear . therefore , in the context of the circular economy action plan , the commission concluded in the european strategy for plastics that the steady increase in plastic waste generation and its leakage into our environment , in particular into the marine environment , must be tackled in order to achieve a truly circular lifecycle for plastics . __________________ 32 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' closing the loop – an eu action plan for the circular economy ' 0614 final ) . 33 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) .


### member states shall take measures to inform consumers of the single - use plastic products listed in part g of the annex and fishing gear containing plastic about the following : ### member states shall take measures to inform as well as incentivise responsible behaviour from consumers of the single - use plastic products listed in part g of the annex and fishing gear containing plastic about the following :


### ‘ observer program’ means a scheme under the auspices of a regional fisheries management organisation that provides observers onboard fishing vessels under certain conditions to verify the vessel’s compliance with the rules adopted by that organisation . ### ‘ observer programme’ means a scheme under the auspices of a regional fisheries management organisation , or under a sustainable fisheries agreement , that provides observers on board fishing vessels under certain conditions to verify the vessel’s compliance with the rules adopted by that organisation .


### if the commission has not requested further information or justification within 15 calendar days of the transmission of the information referred to in paragraph 1 , the flag member state shall inform the operator that it may start the fishing activities in question , provided it has been granted the direct authorisation by third country as well . ### the commission shall able to request further information or justification regarding the information referred to in paragraph 1 and shall reply within 10 calendar days of the transmission of the information referred to in paragraph 1 . this request shall not under any circumstances delay the start of fishing activities by the operator .


### if , following the request for further information or justification referred to in paragraph 2 , the commission finds that the conditions in article 18 are not met , it may object to the granting of the fishing authorisation within two months of receipt of all the required information or justification . ### if , following the request for further information or justification referred to in paragraph 2 , the commission finds that the conditions in article 18 are not met , it may object to the granting of the fishing authorisation within one month of receipt of all the required information or justification .


### the commission shall set up and maintain an electronic union fishing authorisation register , made of a public part and a secure part . that register shall : ### the commission shall set up and maintain an electronic fishing authorisation register containing all fishing authorisations granted in accordance with title ii and title iii , made of a public part and a secure part . that register shall :


### the commission may request any additional information that it deems necessary from the flag member state . ### the commission may request within a period of 10 days any additional information that it deems necessary from the flag member state .


### ‘ observer program’ means a scheme under the auspices of a regional fisheries management organisation that provides observers onboard fishing vessels under certain conditions to verify the vessel’s compliance with the rules adopted by that organisation . ### ‘ observer programme’ means a scheme under the auspices of a country or a regional fisheries management organisation that provides observers on board fishing vessels under certain conditions to collect data and / or verify the vessel’s compliance with the rules adopted by that country or organisation .


### article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . ### accessing content covered by an exception provided for in this directive shall not confer on users any entitlement to use it pursuant to another exception . 2 . article 5 and the first , third , fourth and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title .


### collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### collaboration between information society service providers and right holders is essential to facilitate the accurate identification of unauthorised works online . appropriate safeguards should however be put in place where they agree on the introduction of voluntary measures to ensure that these do not infringe the fundamental rights of users , namely their right to protection of their personal data and their freedom to receive or impart information , in accordance with articles 8 and 11 of the charter of fundamental rights of the european union , in particular their rights to the use of works made in accordance with an exception or limitation to copyright .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services enabling users to upload works and to make them accessible to the public have flourished and have become important sources of access to content online and of creativity . at the same time , when protected content is uploaded without prior authorisation from right holders , they have generated challenges .


### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu . ### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2000 / 31 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu .


### publishers , including those of press publications , books or scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in this context , publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography . in a number of member states compensation for uses under those exceptions is shared between authors and publishers . in order to take account of this situation and improve legal certainty for all concerned parties , member states should be allowed to determine that , when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation , publishers are entitled to claim a share of such compensation , whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place . ### press agencies and publishers , including those of press publications , books and scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in this context , publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography . in a number of member states compensation for uses under those exceptions is shared between authors and publishers . in order to take account of this situation and improve legal certainty for all concerned parties , member states should be allowed to determine that , when an author has transferred or licensed his rights to a publisher or press agency or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation , publishers and press agencies are entitled to claim a share of such compensation , whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place .


### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient . ### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , press agencies and publishers are facing problems in licensing the online use of their publications and recouping their investments . this is largely due to the fact that some news aggregators use press agencies ' and publishers ' content without purchasing a licence and without making suitable payment for the work provided . news aggregators are responsible for the content that they make publicly available . in the absence of recognition of press agencies and publishers as rightholders , licensing and enforcement are often complex and inefficient .


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism should not apply to materials which are primarily intended for the educational market , for which it should be possible to arrange licences . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes .


### collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### ( 39collaboration between information society service providers storing and providing access to copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders must provide the necessary data to allow the services to identify their content and the services must be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . in cases when the measures and technologies established on the basis of this directive affect the uploading of content that is covered by an exception or authorisation , service suppliers must be required to set up complaint and redress mechanisms for the benefit of the users whose content has been affected by these measures . such mechanisms must maintain a balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by the measures , and the need to ensure that complaint and redress mechanisms do not unreasonably prejudice the effectiveness of the measures . to achieve this aim , the complaint and redress mechanisms must allow rightholders to receive adequate information to assess complaints and respond to them . the complaint and redress mechanisms must also allow a suitable period of time for rightholders to respond to complaints .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . such an exception should cover both cultural heritage institutions holding the works or other subject - matter and third parties mandated by such cultural heritage institutions to reproduce the works or other subject - matter within the scope of the exception .


### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 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 . ### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2000 / 31 / ec of the european parliament and of the council27a , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 27a directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 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 .


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### the commission , in cooperation with member states , shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### evolution of digital technologies has led to the emergence of new business models and reinforced the role of the internet as the main marketplace for the distribution of copyright protected content . over the years , online services enabling their users to upload works and make them accessible to the public have flourished and have become important sources of access to content online , allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders .


### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec , insofar as digital uses are concerned . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . ### the rights granted to the publishers of press publications and press agencies under this directive should have the same scope as the rights of reproduction and making available to the public provided for in articles 2 and 3 of directive 2001 / 29 / ec and articles 3 and 9 of directive 2006 / 115 / ec , insofar as the use of press publications is concerned . short extracts of copyrighted press publications constitute reproduction given their economic value . their unauthorised use should therefore be prohibited unless they are being used in a private and non - commercial context . these rights should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . the protection afforded to press agencies and publishers by this directive should include any content generated automatically by news aggregators .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers , or the representatives they appoint , are entitled to request additional , equitable , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights , or from their successor in title , when the remuneration originally agreed is disproportionately low compared to the unanticipated subsequent relevant revenues and benefits derived from the exploitation of the works or performances .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , including museums , to make copies of and allow access through a secure electronic network to any works or other subject - matter that are permanently in their collections or that they might legally acquire in the future , in any format or medium , for the sole purpose of and to the extent necessary for the preservation of such works or other subject - matter as well as for cultural imparting .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , they could institute a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . it is essential that the contractual position of authors and performers be strengthened so that they can enjoy fair , non - assignable remuneration and so as to avoid power imbalances between the parties . such a provision would apply only to the parties directly linked contractually . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority or to terminate his or her contract .


### article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . ### access to content permitted by an exception or limitation shall not give the beneficiary of the exception or limitation the right to use the content concerned in the context provided for by another exception or limitation . article 5 and the first , third , fourth and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and limitations provided for under this title .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research and innovation , transformative use , education and cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec negatively impacts the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for research , teaching and preservation of cultural heritage should be reassessed and complemented in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies , illustration for teaching , user - generated content , freedom of panorama and for preservation and dissemination of cultural heritage should be introduced . for uses not covered by the exceptions or limitations provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution , for example as a result of a transfer of ownership or licence agreements . ### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies of these protected works or other subject - matter are owned or permanently held by the cultural heritage institution , for example as a result of a transfer of ownership of the work or other subject - matter or licence agreements , thereby enabling the file to be stored on the institution ' s server .


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter or extract thereof , except for&#160 ; contents that are primarily intended to the educational and musical scores markets , for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use :


### zlev factor is , unless this sum is larger than 1 . 05 or lower than 1 . 0 in which case the zlev factor shall be set to 1 . 05 or 1 . 0 as the case may be ### zlev factor is , unless this sum is larger than 1 . 15 or lower than 1 . 0 in which case the zlev factor shall be set to 1 . 15 or 1 . 0 as the case may be


### the commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure ### the commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , also including in it an assessment of the life cycle of vehicles and the well - to - wheel impact of emissions in the case of fuels , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles .


### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union . ### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union and may be used only in pursuit of the low - carbon mobility targets of european road transport policy .


### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real world co2 emissions and energy consumption of passenger cars and light commercial vehicles . ### for that purpose , the commission shall make publicly available and in digitally searchable format , as the case may be , of robust non - personal data on real world co2 emissions and energy consumption of passenger cars and light commercial vehicles , from manufacturers or national authorities .


### the aim of this regulation is to create incentives for the automotive industry to invest in new technologies . this regulation actively promotes eco - innovation and provides a mechanism that should be able to acknowledge future technological development . experience shows that eco - innovations have successfully contributed to the cost - effectiveness of regulations no 443 / 2009 and no 510 / 2011 and to the reduction of real world co2 emissions . this modality should therefore be maintained and the scope should be extended to incentivise efficiency improvements in air - conditioning systems . ### the aim of this regulation is to create incentives for the automotive industry to invest in new technologies while remaining technology neutral . this regulation actively promotes eco - innovation and provides a mechanism that should be able to acknowledge future technological development . experience shows that eco - innovations have successfully contributed to the cost - effectiveness of regulations no 443 / 2009 and no 510 / 2011 and to the reduction of real world co2 emissions . this modality should therefore be maintained and the scope should be extended to incentivise efficiency improvements in air - conditioning systems .


### the commission shall automatically decommit any portion of a budget commitment for rural development interventions in a cap strategic plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in article 30 has been presented to it in relation to expenditure effected by 31 december of the second year following that of the budget commitment . ### the commission shall automatically decommit any portion of a budget commitment for rural development interventions in a cap strategic plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in article 30 has been presented to it in relation to expenditure effected by 31 december of the third year following that of the budget commitment .


### sums recovered by the member states following the occurrence of irregularities and other cases of non - compliance by beneficiaries with the conditions of the interventions referred to in the cap strategic plan and the interest thereon shall be made over to the paying agency and booked by it as revenue assigned to the eagf in the month in which the sums are actually received . ### sums recovered by the member states following the occurrence of irregularities and other cases of non - compliance by beneficiaries with the conditions of the interventions referred to in the cap strategic plan and the interest thereon shall be made over to the paying agency and booked by it as revenue assigned to the eagf in the month in which the sums are actually received . member states may decide amounts that have to be exceeded before the recovery is done . that possibility concerns all interventions and measures separately , including conditionality , and may be uniform concerning all of them .


### no additional prefinancing shall be paid or recovered where a transfer to or from the eafrd has taken place in accordance with article 90 of regulation … / … [ cap strategic plan regulation ] . ### additional prefinancing shall be paid or recovered where a transfer to or from the eafrd has taken place in accordance with article 90 of regulation … / … [ cap strategic plan regulation ] .


### where , in the framework of the annual performance clearance referred to in article 52 , the commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% and the member state cannot provide duly justified reasons , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where , in the framework of the annual performance clearance referred to in article 52 , the commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% for interventions not covered by article 68 of [ cap strategic plan regulation ] and the member state cannot provide justified reasons , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .