### for ensuring safety of navigation , member states should identify waterways with a maritime character , in accordance with harmonised criteria . the competence requirements for navigating on these waterways should be defined at union level . without unnecessarily limiting the mobility of boatmasters , when necessary for ensuring safety of navigation , member states should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures , pursuant to this directive . in such a case , the related competence requirements should be set at member state level . ### for ensuring safety of navigation , member states should identify waterways with a maritime character , in accordance with harmonised criteria . the competence requirements for navigating on these waterways should be defined at union level . without unnecessarily limiting the mobility of boatmasters , when necessary for ensuring safety of navigation , member states , where relevant in cooperation with the relevant european river commission , should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures , pursuant to this directive . in such a case , the related competence requirements should be set at member state level .


### for ensuring safety of navigation , member states should identify waterways with a maritime character , in accordance with harmonised criteria . the competence requirements for navigating on these waterways should be defined at union level . without unnecessarily limiting the mobility of boatmasters , when necessary for ensuring safety of navigation , member states should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures , pursuant to this directive . in such a case , the related competence requirements should be set at member state level . ### for ensuring safety of navigation , member states should identify waterways with a maritime character , in accordance with harmonised criteria . the competence requirements for navigating on these waterways should be defined at union level . without unnecessarily limiting the mobility of boatmasters , when necessary for ensuring safety of navigation , member states should identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures , pursuant to this directive . in such a case , the related competence requirements should be set at member state level .


### to contribute to an efficient administration with respect to the issuing , renewing and withdrawing certificates of qualification , member states should designate the competent authorities for implementing this directive and set up registers for recording data on union certificates of qualification , service record books and logbooks . in order to facilitate the exchange of information between member states and with the commission for the purpose of implementation , enforcement and evaluation of the directive as well as for statistical purposes , for maintaining safety and for ease of navigation , member states should report such information , including data on the certificates of qualifications , service record books and logbooks , in a database kept by the commission . ### to contribute to an efficient administration with respect to the issuing , renewing and withdrawing certificates of qualification , member states should designate the competent authorities for implementing this directive and set up registers for recording data on union certificates of qualification , service record books and logbooks . in order to facilitate the exchange of information between member states and with the commission for the purpose of implementation , enforcement and evaluation of the directive as well as for statistical purposes , for maintaining safety and for ease of navigation , member states should report such information , including data on the certificates of qualifications , service record books and logbooks , in a database kept by the commission , with due respect for the principles of personal data protection .


### authorities , including in third countries , issuing certificates of qualifications , service record books and logbooks in accordance with rules that are identical to those of this directive are processing personal data . for the purpose of evaluation of the directive , for statistical purposes , for maintaining safety , for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this directive , these authorities and , where relevant , international organisations that established these identical rules , should also have access to the database kept by the commission . this access should however be subject to adequate level of data protection , including of personal data . ### authorities , including in third countries , issuing certificates of qualifications , service record books and logbooks in accordance with rules that are identical to those of this directive are processing personal data . for the purpose of evaluation of the directive , for statistical purposes , for maintaining safety , for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this directive , these authorities and , where necessary , international organisations that established these identical rules , should also have access to the database kept by the commission . this access should however be subject to a high level of data protection , specifically in the case of personal data .


### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of professional competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . the commission may take into account such standards when empowered to adopt acts in conformity with this directive . ### the cesni , a committee for cooperation between the member states , the central commission for the navigation on the rhine and relevant international organisations , which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . european river commissions are of crucial importance to the work of cesni , whereas other stakeholders are associated as well . where the conditions specified in this directive are met , the commission should refer to cesni standards when adopting implementing and delegated acts in accordance with this directive .


### since the objective of this directive , namely establishing a common framework on the recognition of professional qualifications in inland navigation , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely establishing a common framework on the recognition of minimum professional qualifications in inland navigation , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in annex ii . ### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in annex ii . these delegated acts will be developed by cesni .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down standards for practical examinations referred to in paragraph 3 specifying the specific competences and the conditions to be tested during the practical examinations , as well as the minimum requirements for the vessels on which a practical examination may be taken . ### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down standards for practical examinations referred to in paragraph 3 specifying the specific competences and the conditions to be tested during the practical examinations , as well as the minimum requirements for the vessels on which a practical examination may be taken . these delegated acts will be developed by cesni .


### if the search with the data set out in paragraph 2 indicates that data on the third country national are recorded in the ees , the competent authority shall be given access to consult the data of the individual file of that third country national and the entry / exit records linked to it . ### if the search with the data set out in paragraph 2 indicates that data on the third country national are recorded in the ees , the competent authority shall be given access to consult the data of the individual file of that third country national and the entry / exit records and refusals of entry records with justifications linked to it .


### the specifications and conditions for the web - service referred to in article 12 ; ### the specifications and conditions for the web - service and for interoperability between the ees and national advance passenger information systems referred to in article 12 ;


### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 . ### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system . it shall also be responsible for the development of the web service and interoperability with national advance passenger information systems referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 .


### a member state may keep the alphanumeric data which that member state entered into the ees , in accordance with the purposes of the ees in its national files and national entry exit system in full respect of union law . ### a member state may keep the data which that member state entered into the ees , in accordance with the purposes of the ees in its national files and national entry exit system in full respect of union law .


### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data . ### protecting and promoting the rights of the child , the rights of young people , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data .


### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency . ### this directive should apply to all workers who have employment contracts . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment of part - time workers , fixed - term contract workers or persons with a contract of employment with a temporary agency .


### in accordance with directive 2010 / 18 / eu member states are required to define the status of the employment contract or employment relationship for the period of parental leave . in accordance with the case - law of the court of justice of the european union , the employment relationship between the worker and his employer is therefore maintained during the period of leave and , as a result , the beneficiary of such leave , remains , during that period , a worker for the purposes of union law . when defining the status of employment contract or employment relationship during the period of the leaves covered by this directive , including as regards entitlements to social security , the member states should therefore ensure that the employment relationship is maintained . ### in accordance with directive 2010 / 18 / eu member states are required to define the status of the employment contract for the period of parental leave . in accordance with the case - law of the court of justice of the european union , the employment relationship between the worker and his employer is therefore maintained during the period of leave and , as a result , the beneficiary of such leave , remains , during that period , a worker for the purposes of union law . when defining the status of employment contract during the period of the leaves covered by this directive , including as regards entitlements to social security , the member states should therefore ensure that the employment relationship is maintained .


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


### “flexible working arrangements” means the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours . ### “flexible working arrangements” means the possibility to adjust working patterns , including through the use of remote working arrangements , flexible working schedules , or an adjustment of working hours .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . in doing so , they shall take particular account of the specific character of smes . employers shall justify any postponement of parental leave .


### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them , and to benefit from any improvement in working conditions to which they would have been entitled during their absence . ### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to equivalent posts on equivalent terms and conditions .


### member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period . ### member states shall define the status of the employment contract for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period .


### member states shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers , on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or have exercised the right to request flexible working arrangements referred to in article 9 . ### member states shall take the necessary measures to prohibit the dismissal of workers , on the grounds that they have taken leave referred to in article 4 , 5 or 6 , or have made use of any of the flexible working arrangements referred to in article 9 .


### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### workers who consider that they have been dismissed on the grounds that they have taken leave referred to in article 4 , 5 or 6 or made use of any of the flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing .


### there is a need to ensure the effective coordination and management of technical and administrative aspects of this regulation at union level . the european chemicals agency , established by regulation no 1907 / 2006 , has the competence and experience in implementing union legislation on chemicals and international agreements on chemicals . the member states and the agency should , therefore , carry out tasks with regard to the administrative , technical and scientific aspects of the implementation of this regulation and the exchange of information . the role of the agency should include the preparation and examination of technical dossiers , including stakeholder consultations , and the drawing up of opinions that may be used by the commission in considering whether to come forward with a proposal for listing a substance as a pop in the convention or the protocol . in addition , the commission , the member states and the agency should cooperate in order to implement the union ' s international obligations under the convention effectively . ### there is a need to ensure the effective coordination and management of technical and administrative aspects of this regulation at union level . the european chemicals agency , established by regulation no 1907 / 2006 , has the competence and experience in implementing union legislation on chemicals and international agreements on chemicals . the member states and the agency should , therefore , carry out tasks with regard to the administrative , technical and scientific aspects of the implementation of this regulation and the exchange of information . it is necessary that the role of the agency cover the preparation and examination of technical dossiers , including stakeholder consultations , and the drawing up of opinions that are to be used by the commission in considering whether to come forward with a proposal for listing a substance as a pop in the convention or the protocol . in addition , the commission , the member states and the agency should cooperate in order to implement the union ' s international obligations under the convention effectively .


### ' closed system site - limited intermediate ' means a substance that is manufactured for and consumed in or used for chemical processing in order to be transformed into one or more other substances and where the manufacture of the intermediate and its transformation into one or more other substances take place on the same site under strictly controlled conditions in that it is rigorously contained by technical means during its whole lifecycle . ### ' closed system site - limited intermediate ' means a substance that is manufactured for and consumed in or used for chemical processing in order to be transformed into another substance , hereinafter ‘ synthesis’ , and where the manufacture of the intermediate and its transformation into other substance take place in a synthesis on the same site , including a site that is operated by one or more legal entities , under strictly controlled conditions in that it is rigorously contained by technical means during its whole lifecycle .


### the commission may , where appropriate , and taking into consideration technical developments and relevant international guidelines and decisions and any authorisations granted by a member state , or by the competent authority designated by that member state in accordance with paragraph 4 and annex v , adopt , by means of implementing acts , additional measures relating to the implementation of this article . in particular , the commission may specify the information to be submitted by member states in accordance with paragraph 4 . such measures shall be decided in accordance with the advisory procedure laid down in article 20 . ### the commission may , where appropriate , and taking into consideration technical developments and relevant international guidelines and decisions and any authorisations granted by a member state , or by the competent authority designated by that member state in accordance with paragraph 4 and annex v , adopt implementing acts setting out the format of the information to be submitted by member states in accordance with paragraph 4 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 20 .


### upon request , provide technical and scientific support and input to the commission for substances that may comply with the criteria for listing in the convention or the protocol ; ### upon request , provide a dossier of technical , scientific and socio - economic assessments to the commission for substances where evidence exists that these substances may comply with the criteria for listing in the convention or the protocol ;


### the commission may adopt implementing acts further specifying the minimum information to be provided in accordance with paragraph 1 , including the definition of indicators , maps and member state overviews referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 20 . ### the commission may adopt implementing acts setting out the format of the information to be provided in accordance with paragraph 1 , including the definition of indicators , maps and member state overviews referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 20 .


### the commission shall be assisted by the committee established by article 133 of regulation no 1907 / 2006 for all matters under this regulation . ### the commission shall be assisted by : the committee established by article 133 of regulation no 1907 / 2006 with regard to the implementation of the issues referred to in articles 13 , except where it refers to implementing acts setting out the format of the information referred to in point of article 13 with regard to the application of article 7 , and point of article 13 where it refers to information received pursuant to article 5 and point of article 7 ; and the committee established by article 39 of directive 2008 / 98 / ec1a of the european parliament and of the council , with regard to the implementation of the issues referred to in articles 7 and 13 , where it refers to implementing acts setting out the format of the information referred to in article point of 13 with regard to the application of article 7 , and point of article 13 where it refers to information received pursuant to article 5 and point of article 7 . _________________ 1a directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### list of substances subject to release reduction provisions substance polychlorinated dibenzo - p - dioxins and dibenzofurans hexachlorobenzene polychlorinated biphenyls polycyclic aromatic hydrocarbons 37 pentachlorobenzene ### list of substances subject to release reduction provisions substance polychlorinated dibenzo - p - dioxins and dibenzofurans hexachlorobenzene polychlorinated biphenyls polycyclic aromatic hydrocarbons 37 pentachlorobenzene polychlorinated naphthalenes polychlorinated naphthalenes means chemical compounds based on the naphthalene ring system , where one or more hydrogen atoms have been replaced by chlorine atoms . hexachlorobutadiene


### pcdd pcdf pcdd 2 , 3 , 7 , 8 - tecdd 1 , 2 , 3 , 7 , 8 - pecdd 1 , 2 , 3 , 4 , 7 , 8 - hxcdd 1 , 2 , 3 , 6 , 7 , 8 - hxcdd 1 , 2 , 3 , 7 , 8 , 9 - hxcdd 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdd ocdd 2 , 3 , 7 , 8 - tecdf 1 , 2 , 3 , 7 , 8 - pecdf 2 , 3 , 4 , 7 , 8 - pecdf 1 , 2 , 3 , 4 , 7 , 8 - hxcdf 1 , 2 , 3 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 7 , 8 , 9 - hxcdf 2 , 3 , 4 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdf 1 , 2 , 3 , 4 , 7 , 8 , 9 - hpcdf ocdf pcdd 2 , 3 , 7 , 8 - tecdd 1 , 2 , 3 , 7 , 8 - pecdd 1 , 2 , 3 , 4 , 7 , 8 - hxcdd 1 , 2 , 3 , 6 , 7 , 8 - hxcdd 1 , 2 , 3 , 7 , 8 , 9 - hxcdd 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdd ocdd pcdf 2 , 3 , 7 , 8 - tecdf 1 , 2 , 3 , 7 , 8 - pecdf 2 , 3 , 4 , 7 , 8 - pecdf 1 , 2 , 3 , 4 , 7 , 8 - hxcdf pcdd 1 , 2 , 3 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 7 , 8 , 9 - hxcdf 2 , 3 , 4 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdf 1 , 2 , 3 , 4 , 7 , 8 , 9 - hpcdf ocdf ### tef tef tef 1 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 0003 0 , 1 0 , 03 0 , 3 0 , 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 01 0 , 0003 tef 1 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 0003 tef 0 , 1 0 , 03 0 , 3 0 , 1 tef 0 , 1 0 , 1 0 , 1 0 , 01 0 , 01 0 , 0003


### every two years eu - lisa shall submit to the european parliament , the council and the commission a report on the technical functioning of vis , including the security thereof . ### every two years eu - lisa shall submit to the european parliament , the council and the commission a report on the technical functioning of vis , including its security and costs . that report shall include an overview of the current progress of the development of the project and the associated costs , a financial impact assessment , and information on any technical issues and risks that may affect the overall cost of the system .


### being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial . ### being aware of the trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial .


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial or an appeal , at which they have the right to be present and which will allow a fresh determination of the merits of the case , including examination of new evidence , and may lead to the original decision being reversed . the new trial shall be conducted in accordance with the presumption of innocence until a final irrevocable judgment has been handed down . member states shall ensure the right to a review of the decision establishing the criminal liability of the accused person in the event of new evidence coming to light by virtue of which the decision would have been more favourable to the person concerned , or in the event of it being demonstrated that the conviction was due to judicial error .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the single market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union travelling for leisure or business . therefore , barriers that hamper access and use of legally acquired online content services cross border should be eliminated .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a growing demand on the part of consumers for access to content and innovative online services not only in their member state of residence but also when they are temporarily present in another member state of the union .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have legally acquired the right to use in their member state of residence .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may arbitrarily choose to serve specific markets only , thus depriving consumers of information and entertainment services .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is appropriate for service providers that do not offer portable services in their home country to do so across borders .


### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . ### in order to ensure that providers of online content services which comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . this should not prevent the service providers of online content from offering its subscribers who are temporarily present in another member state online content that the online content service providers lawfully provide in that member state of temporary presence .


### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of access to and use of works , other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner , which is provided to a subscriber on agreed terms either : against payment of money ; or without payment of money provided that the subscriber ' s member state of residence is verified by the provider ; ### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of lawful access to and use of works and other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner , which is subject to effective authentication and verification of the subscribers member state of residence .


### the provider of an online content service shall enable a subscriber who is temporarily present in a member state to access and use the online content service . ### the provider of an online content service shall be required to ensure that a subscriber who is temporarily present in a member state is able to access and use the online content service .


### 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 , and relevant legislation must be future proof so as to not restrict technological development . 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 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 .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning , e - learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities to the extent justified by the non - commercial purpose to be achieved . the amount of a work that can be copied may vary according to the type of work and its use . member states should be able therefore to set out appropriate limits in their national law to address this variation , as long as these limits strike a fair balance between the needs of users and rightholders . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through e - learning and the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### 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 , member states may decide to introduce a remuneration adjustment mechanism for cases of unexpected success where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant net 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 .


### 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 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 .


### member states shall ensure that information that allows the identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence . ### member states shall ensure that information that allows the physical identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence .


### 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 may ensure that authors and performers who are in a contractual relationship where there are ongoing payment obligations 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 the party with whom they entered into a contract for the exploitation of rights , notably as regards modes of exploitation , revenues generated and remuneration due .


### 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 decide that authors and performers are entitled , in case of an unexpected success , 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 net revenues and benefits derived from the exploitation of the works or performances .


### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border . ### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives such as the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border .


### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border . ### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , in the absence of a level playing field in the form of coherent social and fiscal rules , these developments went hand - in - hand with the proliferation of letterbox companies and abusive practices , constituting artificial arrangements and circumventing fiscal and social security obligations as well as undercutting workers’ rights . the objective of a single market without internal borders for companies must be reconciled with other objectives of european integration such as social protection for all , the protection of workers’ rights , the protection of creditors and the protection of shareholders , as well as the fight against attacks on financial interests of the union via for example money laundering and tax evasion . in the absence of harmonised rules specifically regarding cross - border conversions , member states have developed a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border .


### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as employees , creditors and minority shareholders . ### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders , such as employees while respecting national employment laws , and providing certainty for creditors and minority shareholders .


### in order to prevent the circumvention of employee participation rights by means of a cross - border conversion , the company carrying out a conversion which is registered in the member state which provides for the employee participation rights , should not be able to perform a cross - border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation . ### in order to prevent the circumvention of employee participation rights by means of a cross - border conversion , the company carrying out a conversion which is registered in the member state which provides for the employee participation rights , should not be able to perform a cross - border conversion without entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to the national threshold for triggering such employee participation .


### a notice informing the members , creditors and employees of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m . ### a notice informing the members , creditors and employees of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments regarding the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m .


### member states shall ensure that the approval of any amendment to the draft terms of the cross - border conversion requires a majority of not less than two thirds but not more than 90 % of the votes attached either to the shares or to the subscribed capital represented . in any event the voting threshold shall not be higher than that provided for in national law for the approval of cross - border mergers . ### member states shall ensure that the approval of or any amendment to the draft terms of the cross - border conversion requires a majority of not less than two thirds but not more than 90 % of the votes attached either to the shares or to the subscribed capital represented . in any event the voting threshold shall not be higher than that provided for in national law for the approval of cross - border mergers .


### the general meeting shall also decide whether the cross - border conversion would necessitate amendments to the instruments of constitution of the company carrying out the conversion . ### the general meeting shall also decide on any amendments to the instruments of constitution of the company carrying out the conversion .


### the extension of participation rights to employees of the company resulting from the cross - border merger employed in other member states , referred to in point of paragraph 2 , shall not entail any obligation for member states which choose to do so to take those employees into account when calculating the size of workforce thresholds giving rise to participation rights under national law . ### in article 133 , paragraph 5 is replaced by the following : ' 5 . the company resulting from the merger shall be obliged to take a legal form allowing for the exercise of participation rights . ' ;


### where the company resulting from the cross - border merger is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic mergers , divisions or conversions for a period of three years after the cross - border merger has taken effect , by applying mutatis mutandis the rules laid down in paragraphs 1 to 6 . ' ; ### member states shall ensure , in accordance with article 6 of directive 2002 / 14 / ec , that employees’ representatives , when carrying out their functions , enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them .


### in respect of compliance with the rules concerning employee participation as laid down in article 86l , the departure member state shall verify that the draft terms of cross - border conversion , referred to in paragraph 2 of this article , include information on the procedures by which the relevant arrangements are determined and on the possible options for such arrangements . ### in respect of compliance with the rules concerning employee participation as laid down in article 86l , the departure member state shall verify that the draft terms of cross - border conversion , referred to in paragraph 2 of this article , include information on the procedures by which the relevant arrangements are determined and on the possible options for such arrangements in line with existing union legislation , limiting any unnecessary administrative burdens .


### member states shall ensure in order to assess whether the cross - border conversion constitutes an artificial arrangement within the meaning of article 86c , that the competent authority of the departure member state carries out an in - depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following : the characteristics of the establishment in the destination member state , including the intent , the sector , the investment , the net turnover and profit or loss , number of employees , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the place where social contributions are due and the commercial risks assumed by the converted company in the destination member state and the departure member state . ### member states shall ensure in order to assess whether the cross - border conversion constitutes an artificial arrangement within the meaning of article 86c , that the competent authority of the departure member state carries out an assessment of all relevant facts and circumstances and may take into account the following : the characteristics of the establishment in the destination member state , including the intent , the sector , the investment , the net turnover and profit or loss , number of employees , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the place where social contributions are due and the commercial risks assumed by the converted company in the destination member state and the departure member state .


### member states shall ensure that where the competent authority referred to in paragraph 1 decides to carry out an in - depth assessment , it is able to hear the company and all parties that have submitted observations pursuant article 86h in accordance with national law . the competent authorities referred to in paragraph 1 may also hear any other interested third parties in accordance with national law . the competent authority shall take its final decision regarding the issue of the pre - conversion certificate within two months from the start of the in - depth assessment . ### member states shall ensure that where the competent authority referred to in paragraph 1 decides to carry out an assessment , it is able to hear the company and all parties that have submitted observations pursuant article 86h in accordance with national law . the competent authorities referred to in paragraph 1 may also hear any other interested third parties in accordance with national law . the competent authority shall take its final decision regarding the issue of the pre - conversion certificate within two months from the start of the in - depth assessment .


### article 86e report of the management or administrative organ to the members ### article 86e report of the management or administrative organ


### however , the rules in force concerning employee participation , if any , in the member state where the company resulting from the cross - border merger has its registered office shall not apply , where at least one of the merging companies has , in the six months prior to the publication of the draft terms of the cross - border merger as referred to in article 123 , an average number of employees that exceeds 500 and is operating under an employee participation system within the meaning of point of article 2 of directive 2001 / 86 / ec , or where the national law applicable to the company resulting from the cross - border merger does not : provide for at least the same level of employee participation as operated in the relevant merging companies , measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company , subject to employee representation ; or provide for employees of establishments of the company resulting from the cross - border merger that are situated in other member states the same entitlement to exercise participation rights as is enjoyed by those employees employed in the member state where the company resulting from the cross - border merger has its registered office . ### in article 133 , paragraph 2 is replaced by the following : ' 2 . the rules in force concerning employee participation , if any , in the destination member state shall not apply , where at least one of the merging companies has , in the six months prior to the publication of the draft terms of the cross - border conversion as referred to in article 86d of this directive , an average number of employees equivalent to two thirds of the applicable threshold laid down in the law of the departure member state , which triggers the participation of employees within the meaning of point of article 2 of directive 2001 / 86 / ec , or where the national law applicable to the company resulting from the cross - border merger does not : provide for at least the same level and elements of employee participation as operated in one of the participating companies prior to the merger , measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company , subject to employee representation ; or provide for employees of establishments of the company resulting from the merger that are situated in other member states the same entitlement to exercise participation rights as is enjoyed by those employees employed in the destination member state . ' ;


### in the cases referred to in paragraph 2 , the participation of employees in the company resulting from the cross - border merger and their involvement in the definition of such rights shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 , in accordance with the principles and procedures laid down in article 12 , and of regulation no 2157 / 2001 and the following provisions of directive 2001 / 86 / ec : article 3 , and , the first indent of the first subparagraph of article 3 , the second subparagraph of article 3 and article 3 and ; article 4 , article 4 , and and article 4 ; article 5 ; article 6 ; article 7 , point of the first subparagraph of article 7 , the second subparagraph of article 7 and article 7 . however , for the purposes of this chapter , the percentages required by point of the first subparagraph of article 7 of directive 2001 / 86 / ec for the application of the standard rules contained in part 3 of the annex to that directive shall be raised from 25 to 33 1 / 3 % ; articles 8 , 10 and 12 ; article 13 ; point of part 3 of the annex . ### in article 133 , paragraph 3 is replaced by the following : ' 3 . the information , consultation and participation of employees in the company resulting from the merger and their involvement in the definition of such rights in the cases referred to in paragraph 2 of this article shall be the object of an agreement between employees and management and the information , consultation and participation of employees in the company resulting from the merger and their involvement in the definition of such rights , shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 , and of regulation no 2157 / 2001 and the following provisions of directive 2001 / 86 / ec : article 3 , , 2 and , the first indent of the first subparagraph of article 3 , the second subparagraph of article 3 , article 3 , the third subparagraph of article 3 and article 3 ; article 4 , article 4 , , , , , and , article 4 and article 4 ; article 5 ; article 6 ; article 7 ; articles 8 , 9 , 10 and 12 ; the annex to directive 2001 / 86 / ec . for the establishment of transnational information and consultation , 2009 / 38 / ec applies . ' ;


### when regulating the principles and procedures referred to in paragraph 3 , member states : shall confer on the relevant organs of the merging companies the right to choose without any prior negotiation to be directly subject to the standard rules for participation referred to in point of paragraph 3 , as laid down by the legislation of the member state in which the company resulting from the cross - border merger is to have its registered office , and to abide by those rules from the date of registration ; shall confer on the special negotiating body the right to decide , by a majority of two thirds of its members representing at least two thirds of the employees , including the votes of members representing employees in at least two different member states , not to open negotiations or to terminate negotiations already opened and to rely on the rules on participation in force in the member state where the registered office of the company resulting from the cross - border merger will be situated ; may , in the case where , following prior negotiations , standard rules for participation apply and notwithstanding such rules , decide to limit the proportion of employee representatives in the administrative organ of the company resulting from the cross - border merger . however , if in one of the merging companies employee representatives constituted at least one third of the administrative or supervisory board , the limitation may never result in a lower proportion of employee representatives in the administrative organ than one third . ### in article 133 , paragraph 4 is replaced by the following : ' 4 . when regulating the principles and procedures referred to in paragraph 2 and 3 , member states shall ensure that the rules on employee information , consultation and participation that applied prior to the cross - border merger continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with the annex of directive 2001 / 86 / ec . ' ;


### eu blue card holders shall have full access to highly skilled employment in the member state concerned . member states may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in article 5 are communicated in accordance with procedures laid down by national law . ### eu blue card holders shall have access to highly skilled employment in the member state concerned , provided that the criteria for admission as set out in article 5 are met and third country national does not fall within the grounds set out in art . 6 paragraph 2 .


### a third - country national who holds a valid eu blue card issued by a member state not applying the schengen acquis in full shall be entitled to enter and stay for the purpose of carrying out a business activity in one or several second member states for up to 90 days in any 180 - day period on the basis of the eu blue card issued by the first member state . the second member state shall not require any authorisation for exercising the business activity other than the eu blue card issued by the first member state . ### a third - country national who holds a valid eu blue card issued by a member state not applying the schengen acquis in full shall be entitled to enter and stay for the purpose of carrying out a business activity in one or several second member states for up to 90 days in any 180 - day period on the basis of the eu blue card issued by the first member state and a valid travel document . the second member state shall not require any authorisation for exercising the business activity other than the eu blue card issued by the first member state .


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


### directive 2012 / 27 / eu of the european parliament and of the council9 is an element to progress towards the energy union , under which energy efficiency should be treated as an energy source in its own right . the ' energy efficiency first ' principle should be taken into account when setting new rules for the supply side and other policy areas . the commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity . energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken . energy efficiency improvements need to be realised whenever it is more cost - effective than equivalent supply - side solutions . this should help to exploit the multiple benefits of energy efficiency for europe ' s society , in particular for citizens and businesses . __________________ 9 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec . ### directive 2012 / 27 / eu of the european parliament and of the council9 is an element to progress towards the energy union , under which energy efficiency should be treated as an energy source in its own right . the ' energy efficiency first ' principle should be taken into account when setting new rules for the supply side and other policy areas . the commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity . energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken ; however , technological constraints should be taken into account . energy efficiency improvements need to be realised whenever it is more cost - effective than equivalent supply - side solutions . this should help to exploit the multiple benefits of energy efficiency for europe ' s society , in particular for citizens and businesses . __________________ 9 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec .


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


### shall include requirements with a social aim in the saving obligations they impose , including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy poverty and in social housing ; ### shall take into account the need to alleviate energy poverty ; to this end they may require that a share of energy efficiency measures are implemented as a priority in households affected by energy poverty and in social housing ;


### in multi - apartment and multi - purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems , individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit . ### in multi - apartment and multi - purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems , individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit , where technically feasible , cost - effective and proportionate in relation to the potential energy savings .


### for the purposes of this article , as of 1 january 2020 meters and cost allocators installed shall be remotely readable devices . ### for the purposes of this article , as of 1 january 2020 meters and cost allocators installed shall be remotely readable devices , if technically feasible and cost - effective .


### member states shall ensure that billing and consumption information is accurate and based on actual consumption , in accordance with points 1 and 2 of annex viia for all final users where meters or cost allocators are installed . ### member states shall ensure that billing and consumption information is accurate and based on actual consumption , in accordance with points 1 and 2 of annex viia for all final consumers where meters or cost allocators are installed .


### shall require that , if information on the energy billing and historical consumption of final users is available , it be made available , to an energy service provider designated by the final user ; ### shall require that , if information on the energy billing and historical consumption of final consumers is available , it be made available , to an energy service provider designated by the final consumer ;


### shall ensure that appropriate information is provided with the bill based on actual consumption to all final users in accordance with point 3 of annex vii ; ### shall ensure that appropriate information is provided with the bill based on actual consumption to all final consumers in accordance with point 3 of annex vii ;


### existing union legislation40 and policy instruments provide some regulatory responses to address marine litter . in particular , plastic waste is subject to overall union waste management measures and targets , such as the recycling target for plastic packaging waste41 and the recently adopted objective in the plastics strategy42 to ensure that all plastic packaging is recyclable by 2030 . however , the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter . in addition , some of those measures , in particular marketing restrictions for single - use plastic products , may create barriers to trade and distort competition in the union . __________________ 40 directive 2008 / 98 / ec , directive 2000 / 59 / ec , directive 2000 / 60 / ec , directive 2008 / 56 / ec and council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 . 41 directive 94 / 62 / ec of the european parliament and of the council of 20 december 1994 on packaging and packaging waste . 42 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) . ### proper waste management remains essential for the prevention of litter . existing union legislation40 and policy instruments provide some regulatory responses to address marine litter . in particular , plastic waste is subject to overall union waste management measures and targets , such as the recycling target for plastic packaging waste41 and the recently adopted objective in the plastics strategy42 to ensure that all plastic packaging is recyclable by 2030 . however , the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter . in addition , some of those measures , in particular marketing restrictions for single - use plastic products , may create barriers to trade and distort competition in the union . __________________ 40 directive 2008 / 98 / ec , directive 2000 / 59 / ec , directive 2000 / 60 / ec , directive 2008 / 56 / ec and council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 . 41 directive 94 / 62 / ec of the european parliament and of the council of 20 december 1994 on packaging and packaging waste . 42 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) .


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers and industry to ensure that it is effective and clearly understandable .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec . ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system is , however , not sufficiently effective for fishermen to bring their fishing gear waste on shore . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to finance sound waste management of such fishing gear , in particular recycling . in addition , the commission and member states should work together to create fishing gear waste reduction mechanisms and to facilitate separate collection of fishing waste gear . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec .


### 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 .


### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products . ### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of marine - related waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products .


### the union is a contracting party to the united nations conventions on the law of the sea of 10 december 198216 and has ratified the 1995 united nations agreement on the implementation of the provisions of the united nations convention on the law of the sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 17 . these international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management of marine resources and to cooperate with each other to this end . __________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . 17 council decision 98 / 414 / ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention of the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks . ### the union is a contracting party to the united nations conventions on the law of the sea of 10 december 198216 and has ratified the 1995 united nations agreement on the implementation of the provisions of the united nations convention on the law of the sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 17 . these international provisions set out the principle that all states have to adopt appropriate measures to ensure , through an international , legally binding instrument , the preservation and sustainable management of marine resources and to cooperate with each other to this end . __________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . 17 council decision 98 / 414 / ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention of the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks .