### 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 , storing and providing access to the public to significant amounts of copyright protected works or other subject - matter uploaded by their users and performing an act of communication to the public , 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 , such as reference files and metadata . they should deliver reference files in a timely fashion and in an appropriate file format . metadata should be complete and accurate for each reference file . 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 .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their protected works or other subject - matter or to prevent the availability on their services of protected works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to protected works or other subject - matter uploaded by their users shall conclude fair and balanced agreements with all rightholders governing such content at the request of those rightholders , unless they are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec . under the terms of the agreements with rightholders , these service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter . these agreements should cover the liability of users of information society service providers when these users are not acting professionally for acts falling under articles 2 and 3 of directive 2001 / 31 / ec that they perform . when information society service providers play an active part but are not required to conclude a licence agreement by the holders of rights to works or other subject - matter stored by them and to which they provide public access , or are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec , but store and provide to the public access to a large number of protected works or other subject - matter , these service providers shall take measures to prevent protected works or other subject - matter identified by rightholders in cooperation with the service providers from being made available by their services . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers pursuant to this article .


### ‘ cultural heritage institution’ means a publicly accessible library or museum , an archive or a film or audio heritage institution ; ### ' cultural heritage institution ' means a publicly accessible library , or museum or gallery , an educational establishment , an archive or a film or audio heritage institution , or a public service broadcaster ;


### 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 or educational establishments , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , to the extent necessary for such reproduction , for the purpose of , individually or collaboratively with others , carrying out their public interest mission in preservation , research , culture , education and teaching .


### 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 . ### member states shall encourage rightholders and beneficiaries to define commonly - agreed best practices concerning text and data mining protocols . such best practice text and data mining protocols may be harmonised at union level .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . in order to preserve the capacity of rightholders to develop licences on the market and to receive payment , the exception should apply only to text and data mining conducted for non - commercial purposes .


### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market . ### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that licences authorising the acts described in paragraph 1 are available in the market .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply measures to prevent or to hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . in addition to the uneven application across member states , the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in all teaching activities , including online and across borders .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing cultural heritage institutions to disseminate their out - of - commerce collections , in accordance to their legal traditions , practices or circumstances . however , it is essential that such mechanisms allow rightholders to exclude their works and can include extended collective licensing and presumptions of representation , and limitations and exceptions where no collective management organisations exist , collective management organisations are unable to achieve sufficient representativity or a collective management organisation is unable to offer adequate licences to cultural heritage institutions for the types of works and other subject - matter held in their collections .


### 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 and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , 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 at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties .


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover all uses of works and other subject - matter , digital or otherwise , such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including organisations such as libraries and other cultural heritage institutions providing non - formal or informal education , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply technological measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall be transparent , non - discriminatory and proportionate and shall not go beyond what is necessary to achieve that objective .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide access to the public to copyright protected works or other subject - matter uploaded by their users shall achieve fair and balanced agreements in cooperation with rightholders governing such content in order to ensure fair and appropriate compensation for the stakeholders concerned , unless they are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec . the implementation of such agreements shall respect the users ' fundamental rights and shall comply with article 15 of directive 2000 / 31 / ec . the service providers shall cooperate and work together with rightholders to ensure that the functioning and implementation of such agreements are full and transparent .


### 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 licences , covering at least the same uses as those allowed under the exception . this mechanism should not , on the other hand , 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 .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception .


### 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 . any other compensation mechanisms should be limited to cases where there is a risk of unreasonable prejudice to the legitimate interests of rightholders . 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 .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their protected works or other subject - matter or to prevent the availability on their services of protected works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to protected works or other subject - matter uploaded by their users shall conclude fair and balanced agreements with all rightholders governing such content at the request of those rightholders , unless they are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec . under the terms of the agreements with rightholders , these service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter . these agreements should cover the liability of users of information society service providers when these users are not acting professionally for acts falling under articles 2 and 3 of directive 2001 / 29 / ec that they perform . when information society service providers play an active part but are not required to conclude a licence agreement by the holders of rights to works or other subject - matter stored by them and to which they provide public access , or are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec , but store and provide to the public access to a large number of protected works or other subject - matter , these service providers shall take measures to prevent protected works or other subject - matter identified by rightholders in cooperation with the service providers from being made available by their services . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers pursuant to this article .


### ‘ cultural heritage institution’ means a publicly accessible library or museum , an archive or a film or audio heritage institution ; ### ‘ cultural heritage institution’ means a publicly accessible library , museum , gallery or educational establishment , an archive or a film or audio heritage institution , or a public service broadcaster ;


### 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 and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### 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 for reproductions and extractions in order to carry out text and data mining of works or other subject - matter to which they have lawful access .


### 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 , research organisations , and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , 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 at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals , health centres , retirement homes , orphanages , transport services , tourist related services and other entities of particular interest for the local community and its people .


### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area . this should not exclude additional support to deployments under this initiative from public or private sources of funding . ### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing private or public offers in the same area . this should not exclude additional support to deployments under this initiative from public or private sources of funding .


### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received and , in principle , on a ' first come , first served ' basis . ### the available budget shall be allocated in a geographically balanced manner to the eu ' s economic , social and territorial cohesion by taking particular account of specific needs of smaller and lagging behind local communities for the projects meeting the above conditions and in view of the proposals received .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union , there is an urgent need to promote access networks that can deliver , throughout the eu , an internet experience of high quality that is able to play an important role in fostering the promotion of the digital literacy , boost the development of new tourism services and contribute to better mobility of the local communities . that high quality internet experience should be based on very high - speed broadband services and financial assistance should seek to attain a geographically balanced distribution that favours the economic , social and territorial cohesion of the union . however , the promotion of such access networks should be achieved without neglecting the specific needs of communities that are smaller and economically lagging behind , such as rural areas , islands , cross - border and mountainous regions , which are referred to in article 349 tfeu .


### the programme has the specific objective to support tax policy , tax cooperation and administrative capacity building , including human competency and the development and operation of the european electronic systems . ### the programme has the specific objective to support tax policy , tax cooperation and administrative capacity building , including human competency and the development and operation of the european electronic systems , as well as the progressive modernisation of reporting and auditing tools to be applied uniformly across member states .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at a fixed location and by way of mobile connection . member states should also have the ensure affordability of services not provided at a fixed location but to citizens on the move , as this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted solely for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted for commercial purposes .


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . accordingly , the commission should take measures to inform consumers about the provisions of that objective and to counter misinformation and misperception of the hunts , thereby restoring consumer confidence . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes .


### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , provided that the following conditions are all satisfied : ### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , provided that the following conditions are satisfied :


### in estimating net greenhouse gas emission saving from the use of biofuels , the member state may , for the purpose of the reports referred to in paragraph 1 , use the typical values given in part a and part b of annex v . ### in article 22 , paragraph 2 is replaced by the following : ' 2 . in estimating net greenhouse gas emission savings from the use of biofuels , the member state may , for the purpose of the reports referred to in paragraph 1 , use the typical values given in part a and part b of annex v , and shall add the estimates for any indirect land - use change emissions to be set out in annex viii . '


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land use change emissions for different biofuel feedstocks , it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas emission savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , sugars and cereals and other starch rich crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land use change emissions for different biofuel feedstocks , greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas emission savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , sugars and cereals and other starch rich crops accordingly . furthermore , it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different crop groups on both direct and indirect land - use change .


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non food cellulosic material or ligno cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost efficient prices on the market , taking into account the assessment contained in the commission report referred to in article 3 of directive 2014 / &#8230 ; / eu ; the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; ### member states shall ensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . this target shall be 2 , 5 % of the final consumption of energy in transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or lingo - cellulosic material by the competent national authorities and are used in existing installations prior to 31 december 2014 may be counted towards the national target in order to take into account investments already made .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec , that can be counted towards targets set out in directive 2009 / 28 / ec , without restricting the overall use of such biofuels and bioliquids . ### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 and onwards , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec , that can be counted towards targets set out in directive 2009 / 28 / ec , without restricting the overall use of such biofuels and bioliquids .


### paragraph 6 is deleted ; ### paragraph 6 is replaced by the following ; ' 6 . the commission shall be empowered to adopt delegated acts in accordance with article 25a concerning the adaptation to technical and scientific progress of annex viii , including the revision of the proposed crop group indirect land - use change values . for the purpose of the evaluation of the economic models used to estimate such indirect land - use change values , the commission , shall , in its review , include the latest available information with regard to key assumptions influencing modelling results including measured trends in agricultural yields and productivity , co - product allocation and observed global land - use change and deforestation rates . the commission shall ensure that stakeholders are involved in such review process . the first such review shall be concluded no later than 30 june 2016 . the commission shall , if appropriate , propose new indirect land - use change values at further levels of disaggregation ; include greenhouse gas emissions resulting from the transport of raw materials ; include additional values should new biofuel feedstocks come to market ; and develop factors for feedstocks from energy crops grown on land .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . each member state should promote the consumption of such advanced biofuels , through setting non legally binding sub targets at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards such national sub targets in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low carbon transport technologies beyond that date . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided through an increased weighting of advanced biofuels towards the 10% target for transport laid down in directive 2009 / 28 / ec compared to conventional biofuels . each member state should promote the consumption of such advanced biofuel , through setting a binding sub target at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards the national sub target in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low carbon transport technologies beyond that date . in this context , only advanced biofuels with low estimated indirect land - use change impacts and high overall greenhouse gas savings should be supported as part of the post - 2020 renewable energy policy framework .


### distinctions in estimated indirect land use change emissions arise from the different data inputs and key assumptions on agricultural developments such as trends in agricultural yields and productivity , co product allocation and observed global land use change and deforestation rates , which are not under the control of biofuel producers . while most biofuel feedstocks are produced in the union , the estimated indirect land use change emissions are mostly expected to take place outside the union , in areas where the additional production is likely to be realised at the lowest cost . in particular , assumptions with regard to the conversion of tropical forests and peat land drainage outside the union strongly influence the estimated indirect land use change emissions associated with biodiesel production from oil crops , and as such it is most important to ensure that such data and assumptions are reviewed in line with the latest available information on land conversion and deforestation , including capturing any progress made in those areas through ongoing international programmes . ### distinctions in estimated indirect land use change emissions arise from the different data inputs and key assumptions on agricultural developments such as trends in agricultural yields and productivity , co product allocation and observed global land use change and deforestation rates , which are not under the control of biofuel producers . it is most important to ensure that such data and assumptions are reviewed in line with the latest available scientific information on land conversion and deforestation , including capturing any progress made in those areas through ongoing international programmes . the commission should therefore review the methodology for estimating land - use change emission factors included in annexes v and viii to directives 98 / 70 / ec and 2009 / 28 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market .


### in order to permit adaptation to the technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of possible additions to the list of biofuel feedstocks and fuels , the contribution of which towards the targets in article 3 of that directive should be considered to be twice their energy content , and also in respect of the addition of estimated typical and default values for biofuel and bioliquid pathways . ### in order to permit adaptation to the technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the targets in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land - use change greenhouse gas emissions and addressing ways to further minimise that impact . ### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land - use change greenhouse gas emissions and addressing ways to further minimise that impact . in this regard , the impact of biofuels and vehicle emissions on human health through particles and oxides should also be taken into account .


### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive&#160 ; 2008 / 98 / ec , the biomass cascading principle , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ; ### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production , and to other sustainability aspects including , in particular , the respect for&#160 ; the principles of the waste hierarchy established in directive&#160 ; 2008 / 98 / ec and&#160 ; the biomass cascading principle , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ; the report shall also detail the extent to which the feedstocks in question respect the condition that they should not&#160 ; create an additional demand for land or cause significant distortive effects on markets for products , wastes or residues , that they should deliver substantial greenhouse gas emission savings compared to fossil fuels and that they must not risk creating negative impacts on the environment and biodiversity ;


### ' for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the member states in 2020 ; ### ‘ for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch - rich crops , sugars and oil crops and other energy crops grown on land shall be no more than 6 % of the final consumption of energy in transport in the member states in 2020 ;


### ' the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis as per annex v , of the biofuels consumed in the union . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . ' . ### ‘ the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the estimated indirect land - use change emissions as per annex v , of the biofuels consumed in the union . the commission shall make data on estimated indirect land - use change emissions publicly available . ’ .


### ' 4 . in reporting on greenhouse gas emission savings from the use of biofuels and bioliquids , the commission shall use the amounts reported by member states in accordance with point of article 22 , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis referred to in annex viii . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . in addition , the commission shall evaluate whether and how the estimate for direct emission savings would change if co products were accounted for using the substitution approach . ' ; ### ' 4 . in reporting on greenhouse gas emission savings from the use of biofuels and bioliquids , the commission shall use the amounts reported by member states in accordance with point of article 22 , including the estimated indirect land use change emissions as set out in annex viii . the commission shall make data on estimated indirect land use change emissions publicly available . in addition , the commission shall evaluate whether and how the estimate for direct emission savings would change if co products were accounted for using the substitution approach . ' ;


### biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . ### biodegradable fraction of industrial , retail and wholesale waste , but not waste subject to separate collection under article 11 of directive 2008 / 98 / ec , and provided that the waste hierarchy and the principle of cascading use are respected


### the commission shall be empowered to adopt delegated acts in accordance with article 25a to amend the list of feedstocks in part a of annex ix in order to add feedstocks , but not to remove them . the commission shall adopt a separate delegated act in respect of each feedstock to be added to the list in part a of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy , and supporting the conclusion that the feedstock in question does not create an additional demand for land or cause significant distortive effects on markets for products , wastes or residues , that it delivers substantial greenhouse gas emission savings compared to fossil fuels , and that it does not risk creating negative impacts on the environment and biodiversity . ### the commission shall be empowered to adopt delegated acts in accordance with article 25a to amend the list of feedstocks in part a of annex ix . the commission shall adopt a separate delegated act in respect of each feedstock . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy , and supporting the conclusion that the feedstock in question does not create an additional demand for land or cause significant distortive effects on markets for products , wastes or residues , that it delivers substantial greenhouse gas emission savings compared to fossil fuels , and that it does not risk creating negative impacts on the environment and biodiversity .


### the estimated indirect land use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . ### the estimated indirect land use change emissions should be counted towards the target in article 7a of directive 98 / 70 / ec in order to provide incentives for those biofuels with low indirect land - use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions . it should also be included in the reporting of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor .


### where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production , the non fuel demand will still need to be satisfied either through intensification of current production or by bringing non agricultural land into production elsewhere . the latter case constitutes indirect land use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non fuel demand will still need to be satisfied either through intensification of current production or by bringing non agricultural land into production elsewhere . the latter case constitutes indirect land use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . the provisions to address the impact of indirect land - use change on greenhouse gas emissions should take due account of the need to protect investments already made .


### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the re placement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , the biomass cascading principle , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ; ### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects of those biofuels ;


### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land use change greenhouse gas emissions and addressing ways to further minimise that impact . ### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land use change greenhouse gas emissions and addressing ways to further minimise that impact , which could include the introduction of estimated indirect land - use change emission factors in the sustainability scheme as of 1 january 2021 .


### paragraph 6 is deleted ; ### paragraph 6 is replaced by the following ; 6 . the commission shall be empowered to adopt delegated acts in accordance with article 10a concerning the adaptation to technical and scientific progress of annex v , including by the revision of the proposed crop group indirect land - use change values . for the purpose of the evaluation of the economic models used to estimate such indirect land - use change values , the commission , shall , in its review , include the latest available information with regard to key assumptions influencing modelling results , including measured trends in agricultural yields and productivity , co - product allocation and observed global land - use change and deforestation rates . the commission shall ensure that stakeholders are involved in such a review process . the first such review shall be concluded no later than 30 june 2016 . the commission shall , if appropriate , propose new indirect land - use change values at further levels of disaggregation ; include additional values , as appropriate , should new biofuel feedstocks come to market ; review the categories of which biofuels are assigned zero indirect land - use change emissions ; and develop factors for feedstocks from energy crops grown on land . '


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non food cellulosic material or ligno cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost efficient prices on the market , taking into account the assessment contained in the commission report referred to in article 3 of directive 2014 / &#8230 ; / eu ; the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; ### member states shall ensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . this target shall be 2 , 5 % of the final consumption of energy in transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or lingo - cellulosic material by the competent national authorities and are used in existing installations prior to 31 december 2014 may be counted towards the national target in order to take into account investments already made .


### irrespective of whether the raw materials were cultivated inside or outside the territory of the community , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 : ### in paragraph 1 , the introductory part of the first subparagraph is replaced by the following : ' 1 . irrespective of whether the raw materials were cultivated inside or outside the territory of the union , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and do not exceed contributions set out in article 3 : '


### ' for the purpose of complying with the targets set out in paragraphs 1 and 2 and this paragraph , the contribution made by biofuels produced from feedstocks listed in part a of annex ix shall be considered to be twice their energy content . ' ; ### ' for the purpose of complying with the targets set out in this paragraph , the contribution made by biofuels produced from feedstocks listed in part a of annex ix shall be considered to be twice their energy content . ' ;


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . each member state should promote the consumption of such advanced biofuels , through setting non legally binding sub targets at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards such national sub targets in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low carbon transport technologies beyond that date . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided through an increased weighting of advanced biofuels towards the 10% target for transport laid down in directive 2009 / 28 / ec compared to conventional biofuels . each member state should promote the consumption of such advanced biofuel , through setting a binding sub target at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards the national sub target in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low carbon transport technologies beyond that date . in this context , only advanced biofuels with low estimated indirect land - use change impacts and high overall greenhouse gas savings should be supported as part of the post - 2020 renewable energy policy framework .


### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 50 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem . ### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 100 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem .


### to support territorial and cross - border cooperation . ### to support territorial and cross - border cooperation , including through enhanced trade and economic relations .


### the union should provide support to the transition towards accession for the benefit of the beneficiaries listed in annex i , based on the experience of its member states . this cooperation should focus in particular on the sharing of experience acquired by the member states in the reform process . ### the union should provide support to the transition towards accession for the benefit of the beneficiaries listed in annex i , based on the experience of its member states . this cooperation should focus in particular on the sharing of experience acquired by the member states in the political reform process as well as economic and customs cooperation .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### medical examinations may be used , as a measure of last resort , to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are grounds for serious doubt as to whether or not the applicant is under the age of 18 and other approaches , such as attempts to gather documentary evidence , and other age assessment procedures that member states may have decided to undertake have failed to determine the age of the applicant . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor .


### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working - day period starting from the expiry of the first ten working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working - day period starting from the moment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . where the minor does not have the legal capacity to act in procedures according to the national law of the member state concerned , the determining authority shall act on behalf of the minor , with due regard to his or her views .


### member states may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant . ### member states may request total or partial reimbursement of any costs made where the decision to make such costs was taken on the basis of false information supplied by the applicant .


### a third country shall be designated as a safe third country provided that : ### a third country may be designated as a safe third country provided that :


### in order to ensure uniform conditions for the implementation of this regulation , in particular as regards the provision of information , documents to the applicants and measures concerning applicants in need of special procedural guarantees including minors , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . _________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , in particular as regards the provision of information , documents to the applicants and measures concerning applicants in need of specific procedural guarantees including minors , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . _________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country , including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant ; ### there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country ;


### the responsible authorities shall store either the recording or the transcript for ten years from the date of a final decision . the recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### the responsible authorities shall store either the recording or the transcript for five years from the date of a final decision . the recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship .


### the border procedure may be applied to unaccompanied minors , in accordance with articles 8 to 11 of directive no xxx / xxx only where : ### the border procedure shall not be applied to unaccompanied minors


### the possibility exists to receive protection in accordance with the substantive standards of the geneva convention or sufficient protection as referred to in article 44 , as appropriate . ### the possibility exists to request international protection and , if recognised as a refugee , to receive protection in accordance with the geneva convention without any geographical restriction .


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , this shall not prevent the determining authority from taking a decision on an application for international protection .


### the determining authority shall assess the admissibility of an application , in accordance with the basic principles and guarantees provided for in chapter ii , and shall reject an application as inadmissible where any of the following grounds applies : ### the determining authority may assess the admissibility of an application , in accordance with the basic principles and guarantees provided for in chapter ii , and may reject an application as inadmissible where any of the following grounds applies :


### applications on behalf of a spouse , partner , minor or dependent adult ### applications on behalf of a minor or dependent adult


### the concept of safe third country should be applied as a ground for inadmissibility where the applicant , due to a connection to the third country including one through which he or she has transited , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the substantive standards of the geneva convention or will enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of safe third country as a ground for inadmissibility where the applicant , due to a connection to the third country , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . such a link may not be assumed from the mere fact that the applicant has transited through the country concerned . member states should proceed on that basis only where they are satisfied that the applicant will have the possibility to receive protection in accordance with the geneva convention of 1951 . the concept of ‘ safe third country’ may only be applied to countries which have ratified and applied the geneva convention without any territorial restrictions .


### the concept of safe third country should be applied as a ground for inadmissibility where the applicant , due to a connection to the third country including one through which he or she has transited , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the substantive standards of the geneva convention or will enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### the concept of safe third country may be applied as a ground for inadmissibility where the applicant , due to a meaningful connection to the third country , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . the mere fact that the applicant has transited through that third country should not in itself be sufficient to assume such a meaningful link . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the geneva convention .


### as regards unaccompanied minors , the concept of first country of asylum may only be applied where the authorities of member states have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1 . ### the concept of first country of asylum shall not be applied to unaccompanied minors unless it is determined to be clearly in the best interest of the child .


### member states may also impose monetary limits or time limits on the provision of free legal assistance and representation , provided that such limits do not arbitrarily restrict access to free legal assistance and representation . as regards fees and other costs , the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance . ### member states may also impose monetary limits or time limits on the provision of free legal assistance and representation , provided that such limits are not arbitrary and do not unduly restrict access to free legal assistance and representation . as regards fees and other costs , the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance .


### as regards unaccompanied minors , the concept of first country of asylum may only be applied where the authorities of member states have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1 . ### the concept of first country of asylum may not be applied to unaccompanied minors .


### applicants who are identified as being in need of special procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection . where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure , an applicant in need of special procedural guarantees should be exempted from those procedures . the need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect , with a view to making the remedy effective in his or her particular circumstances . ### applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection . where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure , an applicant in need of specific procedural guarantees should be exempted from those procedures . the need for specific procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect , with a view to making the remedy effective in his or her particular circumstances .


### the determining authority shall provide a minor the opportunity of a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview . ### the determining authority shall provide a minor with a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with a personal interview .


### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand or are reasonably meant to understand , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination . ### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand and a child - friendly and age appropriate manner , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination .


### as regards unaccompanied minors , the concept of safe third country may only be applied where the authorities of the member states have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1 . ### the concept of safe third country shall not be applied in respect of unaccompanied minors .