### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare . ### to increase the incentives for employees with children , elderly dependents or immediate relatives with incapacitating chronic diseases , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be at least equivalent to what the employee concerned would receive in case of sick leave . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare .


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


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that employees have an individual right to parental leave of at least six months for each child to be taken before the child reaches a given age which shall be at least thirteen .


### member states shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable . member states may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case , or both . ### member states shall take the necessary measures to ensure that employees have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the employee indispensable . member states may make this right to time off from work on grounds of force majeure conditional on the submission of evidence to substantiate the alleged facts .


### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 , 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave . ### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that employees exercising the rights to leave referred to in article 4 , 5 or 6 receive a payment or an adequate allowance at least equivalent to what the employee concerned would receive in case of sick leave .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that employees with children up to thirteen , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation .


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


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


### member states shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that effective , dissuasive and proportionate penalties are applied .


### the concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission . according to a council recommendation of 20 december 201232 , the validation of learning outcomes , namely competences 33 acquired through non - formal and informal learning can play an important role in enhancing employability and mobility . it recommends member states to have in place , no later than 2018 , arrangements for the validation of non - formal and informal learning . as mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all member states , an additional transposition period of two years after the entry into force of this directive should be provided for the provisions related to recognising professional experience in order to enable member states , where necessary , to develop such mechanisms and arrangements . member states’ national contact points on the eu blue card should be involved in effective cooperation with stakeholders and networks in the education , training , employment and youth sectors , as well as other relevant policy areas , for the purpose of recognising professional experience under this directive . _________________ 32 council recommendation of 20 december 2012 on the validation of non - formal and informal learning . 33 recommendation of the european parliament and of the council of 18 december 2006 on key competences for lifelong learning . ### the concept of skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission . according to a council recommendation of 20 december 201232 , the validation of learning outcomes , namely competences 33 acquired through non - formal and informal learning can play an important role in enhancing employability and mobility . it recommends member states to have in place , no later than 2018 , arrangements for the validation of non - formal and informal learning . as mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all member states , an additional transposition period of two years after the entry into force of this directive should be provided for the provisions related to recognising professional experience in order to enable member states , where necessary , to develop such mechanisms and arrangements . member states’ national contact points on the eu blue card should be involved in effective cooperation with stakeholders and networks in the education , training , employment and youth sectors , as well as other relevant policy areas , for the purpose of recognising professional experience under this directive . _________________ 32 council recommendation of 20 december 2012 on the validation of non - formal and informal learning . 33 recommendation of the european parliament and of the council of 18 december 2006 on key competences for lifelong learning .


### this directive should not apply to categories of third - country nationals to whom a particular scheme under union law , with specific entry conditions and sets of rights , applies when the inclusion of those categories in this directive would go against the rationale of the particular scheme , create unnecessary legal complexity or entail a risk of abuses . this directive should not apply to third - country nationals who apply to reside in a member state as researchers in order to carry out a research project , as they fall within the scope of directive 2016 / 801 of the european parliament and of the council37 which introduces a specific procedure for admitting third - country nationals for the purposes of scientific research . however , once admitted under directive 2016 / 801 , legally residing researchers should be entitled to apply for an eu blue card under this directive for other purposes than those covered under directive 2016 / 801 . _________________ 37 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing . ### this directive should not apply to categories of third - country nationals to whom a particular scheme under union law , with specific entry conditions and sets of rights , applies when the inclusion of those categories in this directive would go against the rationale of the particular scheme , create unnecessary legal complexity or entail a risk of abuses . this directive should not apply to third - country nationals who apply to reside in a member state as researchers in order to carry out a research project , as they fall within the scope of directive 2016 / 801 of the european parliament and of the council which introduces a specific procedure for admitting third - country nationals for the purposes of research . however , once admitted under directive 2016 / 801 , legally residing researchers should be entitled to apply for an eu blue card under this directive for other purposes than those covered under directive 2016 / 801 . equally , legally residing blue card holders should be entitled to apply to reside as researchers under directive 2016 / 801 . the provisions of that directive should be clarified so as to ensure such a possibility .


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


### following the terrorist attack of 26 june 2015 in sousse , tunisia , the council of the european union , in its conclusions of 20 july 2015 , stated that the union , in consultation with its member states , would explore the option of taking exceptional measures to support the tunisian economy . ### following the terrorist attack of 26 june 2015 in sousse , tunisia , the council of the european union , in its conclusions of 20 july 2015 , stated that the union , in consultation with its member states , would explore the option of taking exceptional and temporary measures to support the tunisian economy .


### in view of the climate and energy framework for 2030 the energy savings obligation should be extended beyond 2020 . extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures , such as the renovation of buildings . ### in view of the objectives under the paris agreement and the climate and energy framework for 2030 the energy savings obligation should be extended beyond 2020 . extending the commitment period with a long - term vision beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures , such as the renovation of buildings . cooperation with the private sector is important to assess on what basis private investment for energy efficiency projects can be unlocked .


### energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy . the reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the union’s energy dependency and greenhouse gas emissions , especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the conference of the parties of the united nation framework convention on climate change held in paris in december 2015 . member states should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements . for this purpose member states should be allowed to use calculation methodologies established under directive 2010 / 31 / eu . ### energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy . the reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the union’s energy dependency and greenhouse gas emissions , especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the conference of the parties of the united nation framework convention on climate change held in paris in december 2015 , which states that the increase in the global average temperature should be held well below 2°c and that efforts to limit the temperature increase to 1 . 5°c should be pursued . member states should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements . for this purpose member states should be allowed to use calculation methodologies established under directive 2010 / 31 / eu .


### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source . ### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . member states should take into account that innovation and new technology ask for enhanced investments in education and skills , which are necessary for the successful implementation of such technologies and to enable both citizens and businesses to contribute to the fulfilment of the energy efficiency goals set by the commission or member states . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced information about and feedback on energy consumption with the aim to optimise the energy use of consumers . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source .


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


### sum the national indicative energy efficiency targets reported by member states ; ### sum the national energy efficiency targets reported by member states ;


### assess whether the sum of those targets can be considered a reliable guide to whether the union as a whole is on track , taking into account the evaluation of the first annual report in accordance with article 24 , and the evaluation of the national energy efficiency action plans in accordance with article 24 ; ### assess whether the sum of those targets can be considered a reliable and realistic guide based on objective and non - discriminatory criteria to whether the union as a whole is on track , taking into account the evaluation of the first annual report in accordance with article 24 , and the evaluation of the national energy efficiency action plans in accordance with article 24 ;


### member states shall achieve cumulative end - use energy savings at least equivalent to : ### to meet the energy and climate targets set by the union for 2050 , member states shall achieve long - term cumulative end - use energy savings at least equivalent to :


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


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


### meters installed in accordance with directive 2009 / 73 / ec shall enable accurate billing information based on actual consumption . member states shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self - checks . ; ### meters installed in accordance with directive 2009 / 73 / ec shall enable accurate billing information based on actual consumption . member states shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self - checks . to ensure consumer privacy for final consumers , member states shall ensure that meters are privacy - proof and used in line with the requirements of the regulation 2016 / 679 ) . member states shall also take into account the importance of resistance to cybercrime in metering systems . in this regard , the commission shall examine before 1 january 2019 whether directive 2013 / 40 / eu should be updated to include metering systems .


### member states shall ensure that the following information is made available to final users in clear and understandable terms in or with their bills : ### member states shall ensure that the following information is accurate and made available to final users in clear and understandable terms in or with their bills :


### in order to maximise the impact of the european solidarity corps , provisions should be made to allow participating countries to make additional national funding available in accordance with the rules of the european solidarity corps . ### in order to maximise the impact of the european solidarity corps , provisions should be made to encourage participating countries to make additional national , regional or local funding available in accordance with the rules of the european solidarity corps .


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


### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and end up as litter . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic and microplastics are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , sustainable fish stocks , biodiversity and , potentially , to human health and are damaging activities such as tourism , professional and recreational fisheries and shipping , particularly in outermost and coastal regions .


### the commission shall request the european standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1 . ### the commission shall request the european standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1 . these standards shall take into account the need to maintain the necessary strength , reliability and safety of bottle closures , including carbonated drinks .


### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . the advisory opinion of 2 april 2015 of the international tribunal for the law of the sea , rendered in response to questions raised by the west africa subregional fisheries commission , confirmed that the union bears international responsibility before third countries and international organisations for the activities of its fishing vessels , and that such responsibility requires it to act with due diligence . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### ' support vessel ' means a vessel that is not equipped with operational fishing gear that facilitates , assists or prepares fishing activities ; ### ' support vessel ' means a vessel that is not equipped with operational fishing gear designed to catch or attract fish and that facilitates , assists or prepares fishing activities ;


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


### the fishing vessel and any associated support vessel have an imo number ; ### the fishing vessel and any associated support vessel , if the latter was identified at the time of issue of the licence , have an imo number ;


### paragraph 4 shall not apply if the flag member state is satisfied that , as soon as the country was identified as an iuu non - cooperating country or as allowing non - sustainable fishing , the operator : ### paragraphs 2 and 4 shall not apply if the flag member state is satisfied that , as soon as the country was identified as an iuu non - cooperating country or as allowing non - sustainable fishing , the operator :


### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . ### upon a request from the commission , a flag member state shall refuse , amend , suspend or withdraw the authorisation within 15 days in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned ; the request shall , in every case , be properly founded and supported by relevant scientific or political reports , failing which the authorisation may not be refused , amended , suspended , or withdrawn .


### a union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an rfmo if this country is a contracting party or non - contracting cooperating party to that rfmo . ### a union fishing vessel may carry out fishing activities in waters of a third country on stocks managed by an rfmo if this country is a contracting party or non - contracting cooperating party to that rfmo .


### the flag member state shall send the application to the commission at least 10 calendar days before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement . the commission may ask the flag member state for any additional information that it deems necessary . ### the flag member state shall send the application for all active vessels to the commission at least 10 calendar days before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement . the commission may ask the flag member state for any additional information that it deems necessary .


### –a written confirmation from the third country , following the discussions between the operator and the latter , of the terms of the intended direct authorisation to give the operator access to its fishing resources , including the duration , conditions , and fishing opportunities expressed as effort or catch limits ; ### –a written confirmation from the third country of the terms of the intended direct authorisation to give the operator access to its fishing resources , including the duration , conditions , and fishing opportunities expressed as effort or catch limits ; as well as the relevant national legislation that is directly applicable to the operator’s vessels ;


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


### a flag member state shall notify the fishing authorisation to the commission at least 15 calendar days before the start of the planned fishing activities on the high seas , providing the information in annexes 1 and 2 . ### a flag member state shall notify the fishing authorisation to the commission before the start of the planned fishing activities on the high seas , providing the information in annexes 1 and 2 .


### the non - transmission of catch declarations and landing declarations to the third country referred to in paragraph 1 shall be considered a serious infringement for the purposes of applying the sanctions and other measures provided for by the common fisheries policy . the gravity of the infringement shall be determined by the competent authority of the member state , taking into account criteria such as the nature of the damage , its value , the economic situation of the offender and the extent of the infringement or its repetition . ### the repeated non - transmission of catch declarations and landing declarations to the third country referred to in paragraph 1 shall be considered a serious infringement for the purposes of applying the sanctions and other measures provided for by the common fisheries policy . the gravity of the infringement shall be determined by the competent authority of the member state , taking into account criteria such as the nature of the damage , its value , the economic situation of the offender and the extent of the infringement or its repetition .


### a third country fishing vessel authorised to fish in union waters shall comply with the rules governing the fishing activities of union vessels in the fishing zone in which it operates , and the provisions laid down in the relevant fisheries agreement . ### a third country vessel authorised to fish in union waters shall comply with the rules governing the fishing activities of union vessels in the fishing zone in which it operates . should the provisions laid down in the relevant fisheries agreement be different , the provisions shall be stated explicitly either in said agreement or by means of rules agreed with the third country implementing said agreement .


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


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


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


### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions . ### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders and make use of available technological developments , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions .


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


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


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . any such compensation shall be paid in a lump - sum .


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


### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . this paragraph shall not apply to the licensing of copyrighted works and subject matter by the organisations referred to in articles 3 et 2 of directive 2014 / 26 / ec .


### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of audiovisual rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements .


### a dedicated incentive mechanism should be introduced to facilitate a smooth transition towards zero - emission mobility . this crediting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles . ### a dedicated incentive mechanism should be introduced to promote the deployment on the union market of zero - and low - emission vehicles . this mechanism shall be neutral towards all technologies or innovative fuels .


### manufacturers’ compliance with the targets under this regulation should be assessed at union level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year . the amounts of the excess emissions premium should be considered as revenue for the general budget of the union . ### manufacturers’ compliance with the targets under this regulation should be assessed at union level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year . the amounts of the excess emissions premium should be considered as revenue for the general budget of the union and be earmarked for the european road transport sector , to attain the goals pursued by the eu for a transition to low - carbon mobility .


### category n1 as defined in annex ii to directive 2007 / 46 / ec with a reference mass not exceeding 2610 kg and to vehicles of category n1 to which type - approval is extended in accordance with article 2 of regulation no 715 / 2007 which are registered in the union for the first time and which have not previously been registered outside the union . ### category n1 as defined in annex ii to directive 2007 / 46 / ec with a reference mass not exceeding 2610 kg and to vehicles of category n1 to which type - approval is extended in accordance with article 2 of regulation no 715 / 2007 which are registered in the union for the first time and which have not previously been registered outside the union . the commission , in accordance with the objectives of this regulation , is empowered to update , if necessary , the limit of the reference mass for light commercial vehicles using alternative fuels that require additional weight because they use powertrains and energy storage systems which are heavier than those used in conventional vehicles .


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


### the commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure . ### commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . for this report , the commission shall set up an independent body of experts that will assess all the major parameters influencing the ramp - up of alternative powertrains , by considering the following indicators : &#8211 ; expansion of the charging infrastructure &#8211 ; range of vehicles on offer &#8211 ; oil and fuel prices &#8211 ; levels of subsidies and non - monetary incentives &#8211 ; level of public procurement , etc . depending on the outcome of the report , the commission shall propose appropriate change in the ambition level .


### the integrated system , as part of the governance systems which should be in place in order to implement the cap , should ensure that the aggregate data provided in the annual performance reporting is reliable and verifiable . given the importance of a properly functioning integrated system , it is necessary to set quality requirements . member states should carry out an annual quality assessment of the identification system for agricultural parcels , of the geo - spatial application system and of the area monitoring system . member states should also address any deficiencies and , if so requested by the commission , set up an action plan . ### the integrated system , as part of the governance systems which should be in place in order to implement the cap , should ensure that the aggregate data provided in the annual performance reporting is accurate , reliable and verifiable . given the importance of a properly functioning integrated system , it is necessary to set quality requirements . member states should carry out an annual quality assessment of the identification system for agricultural parcels , of the geo - spatial application system and of the area monitoring system . member states should also address any deficiencies and , if so requested by the commission , set up an action plan .


### paying agencies and coordinating bodies ### paying agencies


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


### the commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found . ### the commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found . financial corrections concerning conditionality shall be based on calculated deficiency of the administrative penalties not applied . where this cannot be identified with proportionate effort , flat - rate corrections are used .


### ' system for the identification and registration of animals ' means the system for the identification and registration of bovine animals laid down by regulation no 1760 / 2000 of the european parliament and of the council33 or the system for the identification and registration of ovine and caprine animals laid down by council regulation no 21 / 200434 ; _________________ 33 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 34 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec . ### ' system for the identification and registration of animals ' means the system for the identification and registration of bovine animals laid down by regulation no 1760 / 2000 of the european parliament and of the council33 or the system for the identification and registration of ovine and caprine animals laid down by council regulation no 21 / 200434or the system for the identification and registration of pigs laid down by council directive 2008 / 71 / ec34a and other databases established by the member states for animals in use . _________________ 33 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 34 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec . 34a council directive 2008 / 71 / ec of 15 july 2008 on the identification and registration of pigs .


### ' claimless system ' means an application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . ### ' claimless system ' means a prefilled or some other kind of application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . claimless system enables the administration to make the payments to the farmers concerning all interventions and measures the farmer is eligible for based on the details in the official computerised databases , supplemented with additional information from the farmer , where necessary .


### member states shall set up a control and penalties system for the aid as referred to in article 63 . ### member states shall set up a control and penalties system for the aid as referred to in article 63 in form most suitable to them .


### the administrative penalties provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] shall be applied by means of reduction from or exclusion of the total amount of the payments listed in that section of that regulation granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the finding . ### the administrative penalties provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] shall be applied by means of reduction from or exclusion of the total amount of the payments listed in that section of that regulation granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the non - compliance .


### for the calculation of those reductions and exclusions , account shall be taken of the severity , extent , permanence , reoccurrence or intentionality of the non - compliance determined . the penalties imposed shall be dissuasive and proportionate , and compliant with the criteria set out in paragraphs 2 and 3 of this article . ### for the calculation of those reductions and exclusions , account shall be taken of the severity , extent , permanence or reoccurrence of the non - compliance determined . the penalties imposed shall be dissuasive and proportionate .


### “the endorsement of europe 2020 by the european council of june 2010 has shaped to a large extent the strategic agenda for the union and national policies in the years ahead . that agenda establishes a number of headline targets and flagship initiatives for which statistical indicators have to be delivered by the ess in a number of areas . ” ### in point 1 . 1 , the first paragraph is replaced by the following : “the endorsement of the europe 2020 strategy by the european council of june 2010 has shaped to a large extent the strategic agenda for the european union and national policies in the years ahead . that agenda establishes a number of headline targets and flagship initiatives for which statistical indicators have to be delivered by the ess in a number of areas . ”


### provide high - quality statistical information , which should be available in a timely manner for the european semester , to monitor the implementation of europe 2020 . new indicators shall , to the extent possible , be based on available statistical data . ### provide high - quality reliable statistical information , which must be available in a timely manner , to monitor the implementation of the europe 2020 strategy . new indicators shall , to the extent possible , be based on available statistical data .


### “the crisis and the tensions in the financial markets have highlighted the need to strengthen the economic governance of the union . decisive steps in economic governance and coordination have already been taken by the union , some of which will have major statistical implications , in addition to ongoing statistical activities . ” ### in point 1 . 2 . , the first paragraph is replaced by the following : “the crisis the tensions in the financial markets and the absence of a more integrated european institutional architecture have highlighted the need to strengthen the economic governance of the union . further steps in economic governance and coordination will be taken by the union , some of which will have major statistical implications , in addition to ongoing statistical activities . ”


### “developing and producing a set of indicators to measure competitiveness ; and” ### in objective 1 . 2 . 1 , second paragraph , indent 3 is replaced by the following : “developing and producing a set of indicators to measure competitiveness , the evolution of the european supranational pockets of unemployment and structural reforms progress in line with the country - by - country recommendations ; and”


### “the economic crisis has reinforced the need to have a set of high - quality macroeconomic indicators to better understand and analyse economic fluctuations and their effects on society , and thereby facilitate the decision - making process . increasingly globalised production makes it necessary to develop a consistent framework that facilitates the interpretation and integration of statistics from different domains . ” ### in point 2 . 1 . , the first paragraph is replaced by the following : “the economic crisis has reinforced the need to have a set of high - quality macroeconomic indicators to better understand and analyse economic fluctuations , the evolution of the economic inequalities and their effects on society , and thereby facilitate the decision - making process . increasingly globalised production makes it necessary to develop a consistent framework that facilitates the interpretation and integration of statistics from different domains . ”


### “— the provision of statistics on inequalities of income , providing a comparable national headline indicator , as well as data on inequalities of access to basic goods and services ; ” ### the fourth indent is replaced by the following : “— the provision of statistics on inequalities of income , with indicators such as the gini index and the evolution of the top deciles of the income distribution providing a comparable national headline indicator , as well as data on inequalities of access to basic goods and services and on economic inequalities ; ”


### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . ### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . given the track record of persistent deficiencies of controls on a european level , it is of utmost importance to improve data collection , communication , monitoring and coordination of the implementation of these rules in all member states and on a european level . the commission should , therefore , streamline and step up efforts to coordinate effectively these measures , as the growth of the organic sector depends on availability of data related to organic production and the credibility in the perception of consumers .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the database for the listing of the varieties for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 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 commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the single database for the listing of the varieties , in particular traditional and rare varieties , for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 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 .


### this regulation shall apply to agricultural products listed in annex i to the treaty on the functioning of the european union and to some other products listed in annex i to this regulation , insofar as those agricultural products and those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported as organic . ### this regulation shall apply to the following products originating from agriculture , including aquaculture , where such products are , or are intended to be , produced , prepared , distributed , placed on the union market , or imported into or exported from the union as organic : live or unprocessed agricultural products , including seed and other plant reproductive material ; processed agricultural products for food ; feed ; algae and aquaculture animals ; wine ; yeast ; mushrooms ; collected wild plants and parts thereof , and to other products listed in annex i to this regulation , insofar as those agricultural products and other products closely linked to agriculture are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv or their equivalents in other languages that , while not being official languages of the union , their status is officially recognised by the constitution of a member state ; their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union [ and in any language listed in that annex ] for the labelling and advertising of products referred to in article 2 which comply with this regulation .


### the respect of the conditions and measures for the import of organic products into the union shall be ascertained at border control posts , in accordance with article 45 of regulation no xxx / xxx . the physical checks referred to in article 47 of that regulation shall be performed at a frequency dependent on the risk of non - compliance with this regulation . ### the respect of the conditions and measures for the import of organic products into the union shall be ascertained by the control provisions laid down in chapter v and at border control posts , in accordance with article 45 of regulation no xxx / xxx .


### in order to ensure a smooth transition between the rules on organic origin of plant reproductive material provided for in article 12 of regulation no 834 / 2007 and on animals for breeding purposes provided for in article 14 of that regulation and on young stock of aquaculture animals provided for in article 15 of that regulation and the exception to production rules that the commission adopted pursuant to article 22 of regulation no 834 / 2007 , and the new production rules for plants and plant products and livestock and seaweed and aquaculture animals provided for in articles 10 and 11 , respectively , of this regulation , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for exceptions where granting exceptions is deemed necessary in order to ensure access to plant reproductive material and live animals for breeding purposes and young stock of aquaculture animals , that may be used in organic production . the delegated acts adopted under this article shall cease to apply on 31 december 2021 . ### in order to ensure a smooth transition between the rules on organic origin of plant reproductive material provided for in article 12 of regulation no 834 / 2007 and on animals for breeding purposes provided for in article 14 of that regulation and on young stock of aquaculture animals provided for in article 15 of that regulation and the exception to production rules that the commission adopted pursuant to article 22 of regulation no 834 / 2007 , and the new production rules for plants and plant products and livestock and seaweed and aquaculture animals provided for in articles 10 and 11 , respectively , of this regulation , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for exceptions where granting exceptions is deemed necessary in order to ensure access to plant reproductive material and live animals for breeding purposes and young stock of aquaculture animals , that may be used in organic production and to guarantee a quantitatively and qualitatively adequate supply of protein feed for monogastric animals . the delegated acts adopted under this article shall cease to apply as and when organic - standard inputs are demonstrably no longer available in the eu or in the eu member state concerned .


### the total amount of livestock manure , as defined in council directive 91 / 676 / eec67 , applied on the agricultural holding , shall not exceed 170 kg of nitrogen per year / hectare of agricultural area used . that limit shall only apply to the use of farmyard manure , dried farmyard manure and dehydrated poultry manure , composted animal excrements , including poultry manure , composted farmyard manure and liquid animal excrements . __________________ 67 council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources . ### the total amount of fertilizer as defined in council directive 91 / 676 / eec67 , from industrial scale production , applied on the agricultural holding shall not exceed 170 kg of nitrogen per year / hectare of agricultural area used . that limit shall only apply to the use of farmyard manure , dried farmyard manure and dehydrated poultry manure , composted animal excrements , including poultry manure , composted farmyard manure and liquid animal excrements the calculation shall be applied at the level of the parcel . for market garden production under shelter up to 240 units of nitrogen per year / hectare of utilised agricultural area may be applied , calculated on the total area under shelter . __________________ 67 council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources .


### except during the period each year when the animals are under transhumance referred to in point 1 . 4 . 2 . 2 . , at least 90 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms in the same region ; ### except during the period each year when the animals are under transhumance referred to in point 1 . 4 . 2 . 2 . , at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms ;


### except during the period each year when the animals are under transhumance as mentioned in point 1 . 4 . 2 . 2 . , at least 90 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms in the same region ; ### except during the period each year when the animals are under transhumance as mentioned in point 1 . 4 . 2 . 2 . , at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms ;


### at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ; ### at least 40 % of the feed shall come from the farm itself or in case this is not feasible , be produced in cooperation with other organic farms or feed operators ;


### at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ; ### at least 20% of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ;


### at least 60 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ; ### at least 20 % of the feed shall come from the farm itself or in case this is not feasible , be produced in the same region in cooperation with other organic farms or feed operators ;


### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys as much as possible , in particular by allowing the carriage of bicycles on board trains . ### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys as much as possible , in particular by allowing the carriage of bicycles on board trains . the carriage of bicycles may be refused on the ground of safety and good functioning of rail operation services .


### railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility , through compliance with the tsi for persons with reduced mobility . in addition , in accordance with union public procurement rules , in particular directive 2014 / 24 / eu of the european parliament and of the council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work . __________________ 26 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . ### railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility , through compliance with the tsi for persons with reduced mobility and the directive xxx when complementing tsi . in addition , in accordance with union public procurement rules , in particular directive 2014 / 24 / eu of the european parliament and of the council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work . __________________ 26 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec .


### this regulation should not restrict the rights of railway undertakings to seek compensation from any person , including third parties , in accordance with applicable national law . ### this regulation should not restrict the rights of railway undertakings , ticket vendors , railway station or infrastructure manager to seek compensation from any person , including third parties , in accordance with applicable national law .


### rail passengers should be able to submit a complaint to any railway undertaking involved regarding the rights and obligations conferred by this regulation , and be entitled to receive a response within a reasonable period of time . ### rail passengers should be able to submit a complaint to any railway undertaking , ticket vendor , railway station or infrastructure manager involved regarding the rights and obligations conferred by this regulation , and be entitled to receive a response within a reasonable period of time .


### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; ### ‘ through - ticket’ means a ticket or separate tickets representing a single transport contract for successive railway services operated by one or more railway undertaking , forming part of an end - to - end journey ;


### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union . ### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer transport contract and ticketing conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final passenger ' s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union or the means through which passengers bought the ticket .


### railway undertakings and , where possible , ticket vendors shall provide the passenger during the journey , including at connecting stations , with at least the information set out in annex ii , part ii . ### railway undertakings shall provide the passenger during the journey , including at connecting stations , with at least the information set out in annex ii , part ii . the same shall apply to ticket vendors , except in cases where they don ' t have the possibility to connect with the passenger and inform him / her . for purpose of this paragraph , railway undertakings shall provide information set out in annex ii , part ii to ticket vendors and other railway undertakings , selling its service .


### for the purposes of point of paragraph 1 , comparable re - routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of transport without generating additional costs to the passenger . railway undertakings shall make reasonable efforts to avoid additional connections . the total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey . passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re - routing means available . ### for the purposes of point of paragraph 1 , in case of missed connection due to delay or cancellation of an earlier leg of the passenger ' s journey , the passenger shall be allowed to take the next service available in order to reach his / her final planned destination . comparable re - routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of transport without generating additional costs to the passenger . railway undertakings shall make reasonable efforts to avoid additional connections . the total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey . passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re - routing means available .


### the compensation of the ticket price shall be paid within one month after the submission of the request for compensation . the compensation may be paid in vouchers and / or other services if the terms are flexible . the compensation shall be paid in money at the request of the passenger . ### the compensation of the ticket price shall be paid within one month after the submission of the request for compensation . the compensation may be paid in vouchers and / or other services , or through an automatic compensation system where in place , if the terms are flexible . the compensation shall be paid in money at the request of the passenger .


### details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility . ### details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and with reduced mobility .