### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact of plastic products which are prone to being littered on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market .


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


### member states shall ensure that single - use plastic products listed in part c of the annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage . ### from the date of publication of the harmonised standards referred to in paragraph 3 in the official journal of the european union , member states shall ensure that single - use plastic products listed in part c of the annex that have plastic caps and lids may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage .


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 70% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia :


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


### the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 and , in doing so , shall take account sectorial voluntary agreements . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 .


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union , and fishing gear which causes significant damage as marine pollution . in addition , in the context of transitioning to a circular economy , member states should aim to achieve an overall reduction in the consumption of all single - use products and packaging . in doing so it has to avoid any discrimination .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a sustained and ambitious reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling .


### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation . ### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , taking into account life cycle principles , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation .


### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . ### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives that meet existing standards and union legislation as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted .


### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of one or more of the following : ### member states shall ensure that each single - use plastic product or packaging of the products listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of one or more of the following :


### 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 reasoned request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases : of imperative grounds of urgency related to a serious threat to the sustainable exploitation , management and conservation of marine biological resources ; where this is essential in order to prevent or suppress illegal , unreported or unregulated fishing ; or in cases where the union has decided to suspend or sever relations with the third country concerned . measures under point shall remain in operation for a maximum period of six months , which may be reviewed if the conditions set out therein continue to apply .


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often reluctant or unable to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an efficient alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . it should also be possible to agree upon the dispute settlement resolution in collective agreements .


### collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### collaboration between information society service providers actively making available to the public copyright protected digital content , works or other subject matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement .


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


### collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### collaboration between information society service providers storing and providing access to the public to significant amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the efficient implementation of these measures . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed measures , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of measures taken used , the way they are operated and their success rate for the recognition of rightholders ' content . those measures technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . appropriate safeguards should however be put in place to ensure that measures applied do not infringe the fundamental rights of users , namely their right to protection of their personal data in accordance with directive 95 / 46 / ec , directive 2001 / 58 / ec and regulation 2016 / 679 , and their freedom to receive or impart information , in particular the possibility to benefit from an exception or limitation to copyright .


### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . ### in order to ensure the functioning of any licensing agreement , information society service providers actively making available to the public copyright protected digital content , works or other subject matter uploaded by their users should take appropriate and proportionate measures to their value and size to ensure protection of that digital content , in accordance with technological developments .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to significant amounts of copyright - protected works or other subject - matter , uploaded by their users , and where that storage and that provision of access constitutes an essential part of their activities , shall , in cooperation with rightholders , take appropriate and proportionate measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . at the request of rightholders , the service providers shall provide them with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter .


### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient . ### an open internet and a free and pluralist press are essential to ensure quality journalism and citizens ' access to information . the press provides a fundamental contribution to public debate and the proper functioning of a democratic society by investing in content . however , in the transition from print to digital , publishers of press publications are facing problems in recouping their investments and negotiating with online service providers .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and no less than once a year and taking into account the specificities of each sector , in an open readable format , accurate , timely , adequate and sufficient comprehensive information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of promotion , exploitation , revenues generated and remuneration due .


### 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 , innovation , 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 innovation , 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 . therefore , existing well - functioning exceptions in these fields may continue to be available in member states , as long as they do not restrict the scope of the exceptions or limitations provided for in this directive . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector , as well as a right of the author and performer to audit . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective , enforceable and ensures an appropriate level of transparency .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections or use the facilities of third parties to do so , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation .


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


### takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff ; ### takes place at a learning space of an educational establishment or a certified educational programme recognised by the member state , as well as cultural heritage institution or research organisation , or through a secure electronic network accessible only by their registered learners and teaching staff ;


### collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### collaboration between information society service providers storing and providing access to the public to significant amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential to ensure the effective functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content , such as reference files and metadata . they should deliver data in a timely fashion and in an appropriate format and those data should be complete and accurate . the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . when assessing the proportionality and effectiveness of the measures implemented , technological constraints and limitations should be taken into due consideration . those technologies should not require the identification of individual users that upload content and should not involve the processing of data relating to individual users , in accordance with directive 95 / 46 / ec and directive 2002 / 58 / ec . they should be limited to preventing the unauthorised making available of specifically identified and duly notified works based on the information provided by rightholders and therefore should not lead to a general monitoring obligation .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### without prejudice to other judicial remedies , member states may provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary and public alternative dispute resolution procedure .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers are in a weaker contractual position when they grant licences or transfer their rights , they need accurate information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the regular sharing of adequate information by their direct contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . the reporting and transparency obligation should follow the work across all form of exploitation and across borders .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow the processing of large amounts of information for research purposes to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation and competitiveness . however , in the union , when research is carried out by educational establishments and organisations such as universities , the public sector , cultural heritage institutions , and research institutes , there is legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required .


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


### different approaches in the member states for acts of preservation by cultural heritage institutions hamper cross - border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market , leading to an inefficient use of resources . ### different approaches in the member states for acts of preservation by cultural heritage institutions , research organisations and educational establishments hamper cross - border cooperation and the sharing of means of preservation in the internal market , leading to an inefficient use of resources . member states should facilitate the cross - border sharing of best - practices , new technologies and preservation techniques .


### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment is established . ### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the person or entity providing the educational activity is established .


### 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 , there should be a remuneration adjustment mechanism which would be applicable for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the subsequent and unanticipated revenues and the net profit 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 may be entitled to bring a claim before a court or other competent authority . however , where agreements with collective management organisations are applicable or where agreements with individuals are already in place and enforced , the remuneration mechanism should not apply .


### ‘ research organisation’ means a university , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services : ### ‘ educational establishment ' means a school , college , university , a research institute or any other organisation with the primary goal of providing educational services .


### article 3 text and data mining member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . 2 . any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . 3 . rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . 4 . member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### article 3 text and data mining member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations , not - for - profit organisations and start - up companies in order to carry out text and data mining of works or other subject - matter to which they have lawful access acquired for the purposes of scientific research . 2 . any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . 3 . rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective and should not prevent or unreasonably restrict beneficiaries from benefiting from the exception provided in paragraph 1 and their ability to develop text and data mining tools different from those offered by rightholders . 4 a . beneficiaries of the exception referred to in paragraph 1 conducting text and data mining shall apply measures ensuring data retrieved by the text and data mining process is kept in a secure way and is not being stored longer than necessary for the purposes of the research . the exception referred to in paragraph 1 does not affect acts of text and data mining carried out in relation to mere facts or data which are not protected by copyright or acts of text and data mining which do not involve any act of reproduction or extraction . authorisation of rightholders or authors of databases is not required for temporary acts of reproduction covered by exceptions under union law and for acts of extraction that are necessary for the purposes of access to and normal use of the contents of a database by the lawful user .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states may provide for authors and performers to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . factors determining disproportionate remuneration shall include the nature , significance and contribution to the work of the author or performer .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the last years , the functioning of the online content marketplace has gained in complexity . active online services providing access to copyright protected digital content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to copyright protected content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it .


### 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 , research organization and educational establishment when copies are owned , held on a long - term loan or permanently held by the entity , including transfer of ownership or licence agreements .


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


### 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 , innovation , 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 innovation , 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 . therefore , existing well - functioning exceptions in these fields may continue to be available in member states , as long as they do not restrict the scope of the exceptions or limitations provided for in this directive . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### for the calendar years 2021 to 2024 , the specific emissions target for a manufacturer shall be calculated as follows : ### for the calendar years 2021 to 2029 , the specific emissions target for a manufacturer shall be calculated as follows :


### the 2025 and 2030 eu fleet - wide targets referred to in article 1 and calculated by the commission in accordance with points 6 . 1 . 1 and 6 . 1 . 2 of parts a and b of annex i ; ### the 2030 eu fleet - wide targets referred to in article 1 calculated by the commission in accordance with points 6 . 1 . of parts a and b of annex i ;


### for each calendar year , starting from 2025 , the specific emissions targets determined in accordance with point 6 . 3 of parts a or b of annex i . ### for each calendar year , starting from 2030 , the specific emissions targets determined in accordance with point 6 . 3 of parts a or b of annex i .


### for each calendar year from 2021 until 2024 , the specific emissions target determined in accordance with points 3 and 4 of parts a or b of annex i as appropriate or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation and point 5 of parts a or b of annex i ; ### for each calendar year from 2021 until 2029 , the specific emissions target determined in accordance with points 3 and 4 of parts a or b of annex i as appropriate or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation and point 5 of parts a or b of annex i ;


### x is 15% in the years 2025 to 2029 and 30% in 2030 onwards . ### x is 20% in 2030 onwards .


### the specific emissions target from 2025 onwards ### the specific emissions target from 2030 onwards


### the values for a2021 , a2025 and a2030 calculated by the commission in accordance with point 6 . 2 of parts a and b of annex i . ### the values for a2021 and a2030 calculated by the commission in accordance with point 6 . 2 of parts a and b of annex i .


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


### amounts of the union financing under the eafrd which are cancelled and amounts recovered , and the interest thereon , shall be reallocated to other rural development interventions in the cap strategic plan . however , the cancelled or recovered union funds may be reused by member states only for a rural development operation under the national cap strategic plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment . ### amounts of the union financing under the eafrd which are cancelled and amounts recovered , and the interest thereon , shall be reallocated to other rural development payments in the cap strategic plan . however , the cancelled or recovered union funds may be reused by member states only for a rural development operation under the national cap strategic plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment .


### member states may retain 20 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 . ### member states may retain 25 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 .


### a severe natural disaster gravely affecting the holding ; ### a natural disaster gravely affecting the holding ;


### in order to avoid an excessive administrative burden for national administrations and farmers provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied , should not take place either where financial discipline is applied for a second subsequent year , or where the overall amount of non - committed appropriations represents less than 0 , 2% of the eagf annual ceiling . ### in order to avoid an excessive administrative burden for national administrations and farmers provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied , should not take place either where financial discipline is applied for a second subsequent year .


### by 31 december 2021 , the commission shall present a report to the european parliament and the council on the availability of organic plant reproductive material and animals for breeding purposes . ### by 31 december 2020 , the commission shall present a report to the european parliament and the council on the availability of organic plant reproductive material , feed , animals for breeding purposes , young poultry and parent animals for poultry production and aquaculture juveniles on the union market , identifying potential gaps and the reasons for those gaps and outlining a plan and possible measures for closing those gaps , including support measures designed to stimulate the market . that report shall be based on a study including data collection and analysis in member states .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### exceptions from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . exceptions as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . the commission may in accordance with the procedure referred to in article 37 lay down specific conditions for the application of exceptions provided for under this article .


### poultry shall have access to an open air area for at least one third of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ; ### poultry shall have access to an open air area , including pasture and / or woodland , for at least half of their life , and permanently from when they are fully feathered . open air areas for poultry shall be mainly covered with annual or perennial vegetation , and shall be provided with protective facilities allowing animals to hide and to scratch around , and shall permit fowl to have easy access to adequate numbers of drinking troughs ;


### 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 those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### derogations from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . derogations as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . 3 . the commission shall be empowered to adopt delegated acts in accordance with article 36 laying down the criteria according to which situations may be qualified as situations requiringexceptional production rules and rules on how to deal with them , as well as rules on monitoring and on reporting requirements .


### 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 as referred to in point 1 . 4 . 2 . 2 . , at least 60 % of the feed shall come from the farm itself or , where this is not feasible , shall be produced in cooperation with other organic farms in the same region ;


### 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 and beekeeping , 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 are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### 3 . 1 . organic livestock shall be born and raised on organic agriculturalholdings . ### 3 . 1 . organic livestock shall be born or hatched and raised on organic agricultural holdings . where the conditions laid down in article 11 apply , and with prior authorisation of the competent authority , the following conditions shall apply : when a flock is constituted for the first time , renewed or reconstituted , and organically reared poultry are not available in sufficient numbers , non - organically reared poultry may be brought into an organic poultry production unit , provided that the pullets for the production of eggs and poultry for meat production are less than three days old ; parent production should be established within five years after revised poultry standards have entered into force . member states shall draw up a plan to fulfil the above mentioned obligation within one year after the revised poultry standards have entered into force .


### mutilations which lead to stress , harm , disease or suffering of animals should be prohibited . ### mutilations which lead to stress , harm , disease or suffering of animals should be prohibited . an exception for tail - docking , trimming of beaks , de - horning and disbudding should be allowed on a case - by - case basis when these operations improve the health , welfare or hygiene of the livestock or when worker safety is compromised . these operations shall be authorised by a veterinarian and carried out by qualified personnel .


### 4 . 3 . 1 . for in - conversion agricultural holdings , up to 15 % of the total average amount of feed fed to livestock may originate from the grazing or harvesting of permanent pastures , perennial forage parcels or protein crops , sown under organic management on lands in their first year of conversion , provided that they are part of the holding itself . feed in their first year of conversion may not be used for the production of organic processed feed . when both in - conversion feed and feed from parcels in their first year of conversion are being used , the total combined percentage of such feed shall not exceed the maximum percentages fixed in point 1 . 4 . 3 . 2 . ### 4 . 3 . 1 . for in - conversion agricultural holdings , up to 20 % of the total average amount of feed fed to livestock may originate from the grazing or harvesting of permanent pastures , perennial forage parcels or protein crops , sown under organic management on lands in their first year of conversion , provided that they are part of the holding itself . feed in their first year of conversion may not be used for the production of organic processed feed . when both in - conversion feed and feed from parcels both in their first and second year of conversion are being used for feeding , the total combined percentage of such feed shall not exceed the maximum percentages fixed in point 1 . 4 . 3 . 2 . feed in their first year of conversion may not be used for the production of organic processed feed .


### 7 . 9 . mutilation of animals shall be prohibited . ### 7 . 9 . mutilation of animals , such as tail docking , beak trimming in poultry , hot branding , disbudding , and avoidable castration and dehorning shall be prohibited .


### 1 . 6 . 7 . any suffering shall be kept to a minimum during the entire life of the animal , including at the time of slaughter . ### 1 . 6 . 7 . any suffering shall be avoided throughout the entire life of the animal , including at the time of transport and slaughter .


### 7 . 8 . any suffering shall be kept to a minimum during the entire life of the animal , including at the time of slaughter . ### 7 . 8 . any avoidable suffering shall be prevented during the entire life of the animal , including at the time of slaughter .


### 7 . 8 . any suffering shall be kept to a minimum during the entire life of the animal , including at the time of slaughter . ### 7 . 8 . any avoidable suffering shall be prevented throughout the entire life of the animal , including at the time of transport and slaughter .


### the choice of breeds shall be appropriate and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals . ### the choice of breeds shall be appropriate to ensure a high standard of animal welfare and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals .


### 4 . 2 . use of plant reproductive material not obtained from organic production plant reproductive material not obtained from organic production may be used only when it comes from a production unit in conversion to organic production or where it is justified for use in research , test in small - scale field trials or for genetic resources conservation purposes agreed by the competent authority of the member state . ### 4 . 2 . use of seeds or plant reproductive material not obtained from organic production seeds or plant reproductive material not obtained from organic production may be used only if authorised by the commission in accordance with article 17 and if one of the following conditions is fulfilled : – organic material is not available , as confirmed by the competent authority ; – its use is considered necessary for the regional conservation of biodiversity or a sufficiently wide genetic pool ; – it comes from a production unit which is in the course of conversion to organic production ; or – its use is justified for research or testing in small - scale field trials .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### exceptions from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . exceptions as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . where it is necessary to use food additives and other substances as set out in article 19 or feed additives and other substances as set out in article 16 and such substances are not available on the market other than produced by gmos ; where the use of food additives and other substances as set out in article 19 or feed additives as set out in article 16 is required on the basis of union law or national law . the commission may in accordance with the procedure referred to in article 37 lay down specific conditions for the application of exceptions provided for under this article .


### the use of allopathic treatments shall be limited to two courses of treatment per year , with the exception of vaccinations and compulsory eradication schemes . however , in the cases of a production cycle of less than a year a limit of one allopathic treatment applies . if the indicated limits for allopathic treatments are exceeded the aquaculture animals concerned shall not be sold as organic products ; ### the use of allopathic treatments shall be limited to two courses of treatment per year , with the exception of vaccinations , parasite treatments and compulsory eradication schemes . however , in the case of a production cycle of less than a year , a limit of one allopathic treatment shall apply . if the indicated limits for allopathic treatments are exceeded , the aquaculture animals concerned shall not be sold as organic products ;


### 3 . 1 . organic livestock shall be born and raised on organic agricultural holdings . ### 3 . 1 . organic livestock shall be born or hatched and raised on organic agricultural holdings . where the conditions laid down in article 11 apply , and with prior authorisation of the competent authority , when a flock is constituted for the first time , renewed or reconstituted , and organically reared poultry are not available in sufficient numbers , non - organically reared poultry may be brought into an organic poultry production unit , provided that the pullets for the production of eggs and poultry for meat production are less than three days old .


### 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 .


### in order to ensure the traceability of the imported products intended to be placed on the market within the union as organic , the commission shall be empowered to adopt delegated acts in accordance with article 36 concerning documents , issued in electronic form wherever possible , that are necessary for the purposes of import . ### the traceability of the imported products intended to be placed on the market within the union as organic and their conformity to this regulation must be assured . through this implementing act the commission establishes specific rules for the content of the certificates referred to in paragraph 1 and the procedure to be followed for their establishment and control , in particular concerning the role of the competent authorities , control authorities and control bodies , and the possibility of taking regional differences into account in balancing ecological , climate and local conditions , as well as practical conditions regarding specific production matters . these implementing acts are adopted in accordance with the examination procedure referred to in article 37 .


### the risk of non - compliance with the organic production rules is considered higher in agricultural holdings which include units not managed under organic production rules . therefore , after an appropriate conversion period , all agricultural holdings in the union which aim to become organic should be entirely managed in compliance with the requirements applicable to organic production . organic agricultural holdings should undergo the same conversion period in all member states , irrespective of whether they have previously adhered to agri - environmental measures supported by union funds . however , no conversion period is necessary in the case of fallow land . in order to ensure quality , traceability and compliance with this regulation and adaptation to technical developments , the power to adopt certain acts should be delegated to the commission in respect of establishing rules supplementing the general conversion rules or supplementing and amending the specific conversion rules . ### the provision for agricultural holdings or aquaculture operations which are split into clearly and effectively separated units or production units which are not all managed under organic production offers producers an opportunity to expand the sector . organic agricultural holdings should undergo the same conversion period in all member states , irrespective of whether they have previously adhered to agri - environmental measures supported by union funds . however , no conversion period is necessary in the case of fallow land . in order to ensure quality , traceability and compliance with this regulation and adaptation to technical developments , the power to adopt certain acts should be delegated to the commission in respect of establishing rules supplementing the general conversion rules or supplementing and amending the specific conversion rules .


### 5 . 2 . 2 . disease shall be treated immediately to avoid suffering of the animal ; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions and under the responsibility of a veterinarian , when the use of phytotherapeutic , homeopathic and other products is inappropriate . in particular restrictions with respect to courses of treatment and withdrawal periods shall be defined . ### 5 . 2 . 2 . disease shall be treated immediately to avoid suffering of the animal ; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions and under the responsibility of a veterinarian , when the use of phytotherapeutic , homeopathic and other products is inappropriate . in particular restrictions with respect to courses of treatment and withdrawal periods shall be defined . allopathic veterinary medicinal products authorised for use in organic production pursuant to article 19 can be used without consulting a veterinarian .


### 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 , where this is not feasible , shall be produced in cooperation with other organic farms in the same region ;


### in order to ensure the traceability of the imported products intended to be placed on the market within the union as organic , the commission shall be empowered to adopt delegated acts in accordance with article 36 concerning documents , issued in electronic form wherever possible , that are necessary for the purposes of import . ### the traceability of the imported products intended to be placed on the market within the union as organic and their compliance with this regulation shall be ensured . the commission shall be empowered to adopt implementing acts in accordance with the examination procedure in article 37 laying down specific rules concerning the content of the certificates referred to in paragraph 1 , including the procedure to be followed for their issuance and verification , the role of competent authorities , control authorities and control bodies , and the possibility to take into account regional differences and local conditions , as well as specific production processes .


### urban , suburban and regional rail passenger services as referred to in directive 2012 / 34 / eu , except cross - border services within the union ; ### urban , suburban and regional rail passenger services as referred to in directive 2012 / 34 / eu ;


### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination , unless the passenger is explicitly informed otherwise in writing . such information shall in particular state that when the passenger misses a connection , he or she would not be entitled to assistance or compensation based on the total length of the journey . the burden of proof that the information was provided shall lie with the railway undertaking , its agent , tour operator or ticket vendor . ### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination .


### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets , whenever possible . ### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets . in this respect , they should also cooperate with ticket vendors providing combined journeys .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no ticket office or accessible ticketing machine in the station of departure , passengers shall be permitted to buy tickets on board the train at no extra cost .


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 3 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


### articles 5 , 10 , 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 . ### articles 5 , 10 , 11 , 20 , 21 and 25 shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with point of paragraph 2 .


### it is desirable that this regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking , on the same basis as the international system provided by the cotif and in particular civ uniform rules thereto relating to passengers ' rights . in the event of a delay of a passenger service , railway undertakings should provide passengers with compensation based on a percentage of the ticket price . ### in the event of a delay of a passenger service , railway undertakings should provide passengers with compensation based on a percentage of the ticket price . railway undertakings shall keep the right to decide the compensations limits for delays .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding service and all available rail options before , during and after the journey . all retailers , railway undertakings and ticket vendors , should provide this information in advance and as soon as possible , using data provided by railway undertakings and infrastructure companies . railway undertakings must enable ticket vendors to provide passengers with all relevant information .


### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by a service animal in accordance with any relevant national rules , and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible .


### urban , suburban and regional rail passenger services as referred to in directive&#160 ; 2012 / 34 / eu , except cross - border services within the union ; ### urban and suburban rail passenger services as referred to in directive&#160 ; 2012 / 34 / eu , except cross - border services within the union ;


### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account ; ### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of one or more railway undertakings or for its own account ;


### urban , suburban and regional rail passenger services are different in character from long - distance services . member states should therefore be allowed to exempt urban , suburban and regional rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights . ### urban and suburban rail passenger services are different in character from regional or long - distance services . member states should therefore be allowed to exempt urban and suburban rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights .


### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail . ### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail and the use of online dispute resolution in accordance with regulation 524 / 2013 / eu2b may be made available with the agreement of all parties involved . __________________ 2b regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive2009 / 22 / ec .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### minimum information to be provided to passengers ; ### the information to be provided by railway undertakings and ticket vendors , the conclusion of transport contracts , the issuing of tickets and the implementation of a computerised information and reservation system for rail transport ;


### the handling of complaints ; ### proper procedures for handling of complaints ;


### 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 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 complaint procedure is governed by article 28 of this regulation .


### without prejudice to paragraphs 3 and 4 , railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale : ### without prejudice to paragraphs 3 and 4 , railway undertakings , tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale :


### if the railway service cannot be continued anymore , railway undertakings shall organise as soon as possible alternative transport services for passengers . ### if the railway service cannot be continued anymore , railway undertakings shall organise as soon as possible alternative accessible transport services for passengers .


### telephone , the internet or any other widely available information technology ; ### telephone or any other widely available information technology ;


### without losing the right of transport , a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows : ### without losing the right of transport , a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated on the ticket or tickets representing single transport contract for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows :


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall sell tickets and , through - tickets , combined tickets and reservations . they shall make all possible efforts to sell through - tickets , combined tickets including for journeys across borders and with more than one railway undertaking ;