### the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201423 . its aim is to improve the availability of works and other protected subject - matter in accessible formats for persons who are blind , visually impaired or otherwise print disabled . the marrakesh treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter , and for the cross - border exchange of those copies . the conclusion of the marrakesh treaty by the union requires the adaptation of union law by establishing a mandatory exception for uses , works and beneficiary persons covered by the treaty . this directive implements the obligations that the union has to meet under the marrakesh treaty in a harmonised manner , with a view to ensuring that those measures are applied consistently throughout the internal market . _________________ 23 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . . ### the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201423 , having already been adopted in 2013 by the world intellectual property organization . its aim is to improve the availability of works and other protected subject - matter in accessible formats for persons who are blind , visually impaired or otherwise print disabled . the marrakesh treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter , and for the cross - border exchange of those copies . the conclusion of the marrakesh treaty by the union requires the adaptation of union law by establishing a mandatory exception for uses , works and beneficiary persons covered by the treaty . this directive implements the obligations that the union has to meet under the marrakesh treaty in a harmonised manner , with a view to ensuring that those measures are applied consistently throughout the internal market . _________________ 23 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is therefore to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats also include braille , large print , adapted e - books , audio books and radio broadcasts .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts ### this directive is designed for the benefit of persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , or any other learning disability , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , online or offline , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts


### ‘ accessible format copy’ means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ; ### ' accessible format copy ' means a copy of a work or other subject - matter , presented on a non - profit basis in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ;


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the union is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political , work and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should be allowed to impose additional requirements only where these are consistent with the objectives of the directive and justified in light of the three - step test . otherwise , such additional requirements would run the risk of going against the purpose of the exceptions provided for by this directive , and counter to the objective of facilitating the cross - border exchange of accessible format copies within the single market ;


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the eu is a party and which is binding for member states of the union , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading disability , including dyslexia , or any other learning disability , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or


### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such anonymised pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution . ### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such masked out pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution .


### where appropriate , the advisory technical committee shall organise consultations with stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ; ### where appropriate , the advisory technical committee shall organise consultations with a broad range of stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ;


### member states may take appropriate measures to avoid the unintended presence of gmos in other products ### article 26a is replaced by the following : ' 1 . member states may take appropriate measures to avoid the unintended presence of gmos in other products . at the request of a neighbouring member state , they shall take appropriate measures to avoid the unintended presence of gmos in border areas of that member state . '


### a member state which intends to adopt measures pursuant to paragraph 3 of this article shall first communicate a draft of those measures and the corresponding grounds invoked to the commission . this communication may take place before the gmo authorisation procedure under part c of this directive or under regulation no 1829 / 2003 has been completed . during a period of 75 days starting from the date of such communication : ### a member state which intends to adopt measures pursuant to paragraph 3 of this article shall first communicate a draft of those measures , and the corresponding grounds invoked to the commission . this communication may take place before the gmo authorisation procedure under part c of this directive or under regulation no 1829 / 2003 has been completed . in accordance with directive 98 / 34 / ec*of the european parliament and of the council , during a period of 3 months starting from the date of such communication : __________________ *directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law and the union ' s international obligations , that they are reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds .


### the payment of court fees should not require the claimant to travel or hire a lawyer for this purpose . as a minimum , bank transfers and credit or debit card on - line payment systems should be accepted by all courts and tribunals with jurisdiction in european small claims procedures . ### the payment of court fees should not require the claimant to travel or hire a lawyer for this purpose . as a minimum , bank transfers , credit or debit card on - line payment systems or other types of distance payment methods should be accepted by all courts and tribunals with jurisdiction in european small claims procedures .


### the potential costs of litigation may play a role in the claimant ' s decision to consider court action . among other costs , court fees may discourage claimants from taking court action , in particular in those member states where court fees are disproportionate . the court fees should be proportionate to the value of the claim in order to ensure access to justice for cross - border small claims . this regulation does not aim at harmonising court fees ; instead , it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants , while at the same time allowing member states wide discretion in choosing the method of calculation and the amount of court fees . ### the potential costs of litigation may play a role in the claimant ' s decision to consider court action . among other costs , court fees may discourage claimants from taking court action , in particular in those member states where court fees are disproportionate . the court fees should be established at a level which does not exceed the fees charged for equivalent procedures which are domestic in nature . fees charged at an equal or lower level will encourage use of the european small claims procedure , in part by positioning it as a cost effective and comparable instrument to more familiar domestic procedures . in member states where domestic procedures do not exist , court fees should be established at a level which is not disproportionate to the value of the claim .


### a party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests . ### where the party to be heard is domiciled or habitually resident in a member state other than the member state of the court or tribunal with jurisdiction , that party shall attend an oral hearing held by any distance communication method in accordance with council regulation no 1206 / 2001 .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 it should also cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . this directive should also apply to all forms of digital content , including all forms of embedded digital content . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall take all measures which could be expected in order to ensure that the supplier uses personal data which the consumer has provided in exchange for the digital content in accordance with the provisions of regulation 2016 / 679 ;


### upon termination of the contract in accordance with point , the consumer is provided with technical means to retrieve all content provided in accordance with article 13 . ### upon termination of the contract in accordance with point , the consumer is provided with technical means to retrieve reasonably identifiable and reasonably retrievable personal content provided in accordance with article 13 .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content .


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier shall provide the consumer with technical means to retrieve all personal data , as defined under regulation 2016 / 679 , provided by the consumer . the consumer shall be entitled to retrieve the data free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ;


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear contractual rights when they receive or access digital content from anywhere in the union . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content .


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier shall provide the consumer with access to reasonably identifiable and reasonably retrievable personal data provided by the consumer and other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ;


### the commission shall , not later than on [ the date of five years after entry into force ] review the application of this directive and submit a report to the european parliament and the council . the report shall examine , inter alia , the case for harmonisation of rules applicable to contracts for the supply of digital content against counter - performance other than that covered by this directive , in particular supplied against advertisement or indirect collection of data . ### the commission shall , not later than on [ the date of three years after entry into force ] review the application of this directive and submit a report to the european parliament and the council . the report shall examine , inter alia , the interaction and compliance with regulation 2016 / 679 , and the case for harmonisation of rules applicable to contracts for the supply of digital content against counter - performance other than that covered by this directive , in particular supplied against advertisement or indirect collection of data .


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market , diversifying consumer choice and encouraging innovation . defects of the performance features of the digital content supplied free of charge may , in some circumstances , have an impact on the economic interests of consumers , however remedies should not be the same as for paid content .


### consumers are not confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content . many consumers of digital content experience problems related to the quality of , or access to , digital content . for instance , they receive wrong or faulty digital content , or they are not able to access the digital content in question . as a result , consumers suffer financial and non - financial detriment . ### consumers are not always confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content . many consumers of digital content experience problems related to the quality of , or access to , digital content . for instance , they receive wrong or faulty digital content , or they are not able to access the digital content in question . as a result , consumers suffer financial and non - financial detriment .


### the supplier shall refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer . ### the supplier shall refrain from the use of any personal data which the consumer has provided in accordance with the provisions of regulation 2016 / 679 .


### the growth potential of e - commerce has not yet been fully exploited . the digital single market strategy for europe29 tackles in a holistic manner the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final . ### the growth potential of e - commerce has not yet been fully realised . the digital single market strategy for europe29 had , as one of its core ambitions , tackling the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses to supply digital content is essential to help boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final .


### content generated by consumers should be treated on the same basis as any other digital content that the consumer provides or stores throughout the period of duration of the contract such as music and video files , pictures , games or applications . content generated by consumers comprises a wide range of examples including digital images , video and audio files , blogs , discussion forums , text - based collaboration formats , posts , chats , tweets , logs , podcasting , content created on mobile devices , content created in the context of online virtual environments , ratings and collections of links referring to online content . ### content generated by consumers should be treated on the same basis as any other digital content that the consumer provides or stores throughout the period of duration of the contract such as music and video files , pictures , games or applications and be subject to the principles of personal data protection . content generated by consumers comprises a wide range of examples including digital images , video and audio files , blogs , discussion forums , text - based collaboration formats , posts , chats , tweets , logs , podcasting , content created on mobile devices , content created in the context of online virtual environments , ratings and collections of links referring to online content .


### this directive should not deal with copyright and other intellectual property related aspects of the supply of digital content . therefore it should be without prejudice to any rights and obligations according to copyright law and other intellectual property laws . ### this directive should be implemented with due regard for rights and obligations under copyright law and other intellectual property laws .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective whistleblower protection should only apply in those acts , policy areas and member states where there is evidence that i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest .


### as a rule , reporting persons should first use the internal channels at their disposal and report to their employer . however , it may be the case that internal channels do not exist or that their use is not mandatory , or that they were used but did not function properly . ### reporting persons should first use the internal channels at their disposal and report to their employer . however , it may be the case that internal channels do not exist or that their use is not mandatory , or that they were used but did not function properly .


### this directive should be without prejudice to the protection of national security and other classified information which union law or the laws , regulations or administrative provisions in force in the member state concerned require , for security reasons , to be protected from unauthorised access . in particular , moreover , the provision of this directive should not affect the obligations arising from commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information or council decision of 23 september 2013 on the security rules for protecting eu classified information . ### this directive should be without prejudice to the protection of national security and other classified information which union law or the laws , regulations or administrative provisions in force in the member state concerned require , for security reasons , to be protected from unauthorised access . moreover , the provision of this directive should not affect the obligations arising from commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information or council decision of 23 september 2013 on the security rules for protecting eu classified information .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation , or due to the lack of confidence in the usefulness of reporting .


### by 1 november 2017 entso for gas shall carry out a union wide simulation of supply and infrastructure disruption scenarios . the scenarios shall be defined by entso for gas in consultation with the gas coordination group . the competent authorities shall provide entso for gas with the necessary data for the simulations such as peak demand values , production capacity and demand side measures . the competent authorities shall take into account the results of the simulations for the preparation of the risk assessments , preventive action plans and emergency plans . the union - wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates . ### the competent authorities shall take into account the results of the union wide simulations carried out by entso for gas for the preparation of the risk assessments , preventive action plans and emergency plans .


### competent authorities shall regularly report to the gas coordination group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans . in particular competent authorities shall report to the gas coordination group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans . the commission may have a facilitating role overall in the preparation of the plans , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region . they shall ensure the regular monitoring of the implementation of such plans . ### competent authorities shall regularly report to the gas coordination group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans . in particular competent authorities shall report to the gas coordination group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans . the commission shall have a facilitating role overall in the preparation of the plans , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission shall develop a cooperation mechanism for that region . they shall ensure the regular monitoring of the implementation of such plans .


### in march 2015 , the european council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the union energy security provisions . in this context an efficient and targeted mechanism for member states ' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur . under that mechanism certain key gas supply contracts should be automatically notified , immediately after their conclusion , to the member states . however , any obligation to notify a contract automatically needs to be proportionate . applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants . this does not mean that other gas supply contracts are not relevant to security of supply . accordingly , member states should have the right to request other contracts which might negatively affect security of supply of a member state or region or of the union as a whole . the commission should have the same access to the gas supply contracts as member states , given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national , regional and eu level . the commission may call on the member states to amend the plans so as to take account of the information obtained from the contracts . the confidentiality of commercially sensitive information should be ensured . improved commission access to information on commercial contracts should not affect the commission ' s ongoing efforts to monitor the gas market , and the commission should intervene if violations of the union law are identified . the provisions of this regulation should be without prejudice to the right of the commission to launch infringement proceedings in accordance with article 258 of the treaty on the functioning of the european union and to enforce competition rules , including state aid , . ### in march 2015 , the european council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the union energy security provisions .


### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . ### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates , with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with contracts of other natural gas undertakings on the same market with the same supplier or its affiliates provide more than 40% of total annual gas imports from third countries to the member state concerned . the notification obligation shall not apply to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . to that end , the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded .


### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency . ### as long as gas supply to protected customers in the member state that have called for the application of solidarity measures is not satisfied , the gas supply to protected customers in any other member state , directly connected to that member state , shall not continue to the extent necessary to supply the protected customers in the member states having declared the emergency .


### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency . ### as long as protected customers in the member state having declared the emergency is not satisfied , and the purchase of gas is no longer an option , the gas supply to customers other than protected customers in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the protected customers in the member states having declared the emergency .


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . . ### one of the union goals is to strengthen the energy community in order to ensure effective implementation of the union energy acquis , energy market reforms and incentives to invest in the energy sector by closer integration of the union and energy community energy markets . this also entails introducing common crisis management by proposing preventive action plans and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication of 16 october 2014 on the short term resilience of the european gas system refers to the need to apply internal energy market rules on the flow of energy between the union member states and energy community contracting parties . in this regard , in order to ensure efficient crisis management on borders between the union member states and the energy community contracting parties , necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place .


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state’s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market supervised by public regulatory authorities that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by one member state may jeopardise the proper functioning of the internal gas market and spark a domino effect to customers in other member states . to allow members states to cope with a shortage of supply and the internal gas market to function even in the face of such shortage of supply , provision must be made for solidarity and coordination at regional and union level in the response to supply crises as regards both preventive action and the reaction to actual disruptions of supply leading to integration of regions’ energy markets . in this regard the union should further diversify energy sources , suppliers and supply routes , as a precondition of energy security and shall support , including through funding , those diversification - oriented projects that are fully in line with union law and principles as well as with the union’s long - term policy objectives and priorities , such as infrastructural projects .


### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . ### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . the commission should also ensure that dominant gas suppliers in a region do not abuse their position in breach of union competition law , with particular reference to unfair prices charged in member states .


### disruption of supplies from third country suppliers , as well as , where appropriate , geopolitical risks ; ### disruption of gas supplies , inter alia from third country suppliers , as well as , where appropriate , geopolitical risks ;


### no later than 31 march 2017 member states shall notify the commission their definition of protected customers , the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state . where a member state includes in its definition of protected customers the categories referred to in point or of article 2 it shall specify in the notification to the commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas . ### no later than 31 march 2017 member states shall notify the commission the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state , as well as the extent to which the gas supply to its protected customers may influence cross - border flows to other member states .


### the commission shall , where appropriate , coordinate the action of the competent authorities at regional and union levels , as set out in this regulation , inter alia , through the gas coordination group referred to in article 14 or the crisis management group referred to in article 11 , in particular in the event of a regional or union emergency as defined in article 11 . ### the commission shall coordinate the action of the competent authorities at regional and union levels , as set out in this regulation , inter alia , through the gas coordination group referred to in article 14 or the crisis management group referred to in article 11 , in particular in the event of a regional or union emergency pursuant to article 11 .


### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism . ### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , infrastructural , commercial , financial , social , political , market - related , and any other relevant risks , including , where appropriate , disruption of supplies from dominant suppliers . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in preventive action plan and emergency plan . the results of the risk assessments should also contribute to the all risk assessments provided for in article 6 of decision no 1313 / 2013 / eu of the european parliament and of the council18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism .


### this regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the union , in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply . these objectives should be achieved through the most cost - effective measures and in such a way that energy markets are not distorted . ### this regulation aims to ensure that all the necessary non - discriminatory measures are taken to safeguard an uninterrupted supply of gas throughout the union , in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply . these objectives should be achieved through the most cost - effective intra - and interregional measures and in such a way that energy markets are not distorted and the minimum damage level in the case of installations with a continuous operating flow is not affected . account should also be taken in the broader context of the security of gas supply , which should also be achieved through better diversification of supplies from third countries , new energy interconnections between member states and the use of alternative energy sources . at the same time , it is essential to increase energy - security cooperation with the union’s neighbouring countries , with strategic partners . it would complement union action including funding aimed at increasing energy efficiency .


### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . ### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates , with a duration of more than 1 year concluded or modified after [ oj : please insert the date of entry in force of this regulation ] that individually or cumulatively with contracts of other natural gas undertakings on the same market with the same supplier or its affiliates exceed the threshold of 8 billion cubic meters or provide more than 40% of total annual gas imports from third countries to the member state concerned . the notification obligation shall not apply to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . to that end , the national regulatory authorities shall monitor on a yearly basis the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded . this information shall be communicated no later than the 1st june each year for the year proceeding the year for which the threshold was calculated .


### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by : ### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall , inter alia , be carried out by :


### a major disruption of the gas supply can affect all member states , the union as a whole and contracting parties to the treaty establishing the energy community , signed in athens on 25 october 2005 . it can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers . ### a major disruption of the gas supply can affect all member states and the union as a whole . it can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers .


### the commission communication ' framework strategy for a resilient energy union with a forward - looking climate change policy ' 14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims , thus paving the way for implementing the energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final . ### the commission communication ' framework strategy for a resilient energy union with a forward - looking climate change policy ' 14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this directive should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final .


### if the member states do not agree on the necessary technical , legal and financial arrangements , the commission may propose a framework for such measures in its opinion and decision on the plans . ### if the member states do not agree on the necessary technical , legal and financial arrangements , the commission shall develop a framework for such measures in accordance with paragraph 4 .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently early enough to allow for conducting the risk assessment and drawing up concrete plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region .


### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency . ### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall be reduced to the extent reflecting the maximum capability to the affected connected member state as necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency .


### conditions for the suspension of gas deliveries . ### conditions for the renegotiation and suspension of gas deliveries .


### the roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly , particularly in the event of supply disruptions and crises . such roles and responsibilities should be established in such a way as to ensure that a three - level approach is respected which would involve first the relevant natural gas undertakings and industry , then member states at national or regional level , and then the union . this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions . however , it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption . ### the roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly , particularly in the event of supply disruptions and crises . such roles and responsibilities should be established in such a way as to ensure that a three - level approach is respected which would involve first the relevant natural gas undertakings and industry , then member states at national or regional level , and then the union . however , it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption .


### natural gas remains an essential component of the energy supply of the union . a large proportion of such gas is imported into the union from third countries . ### natural gas is an essential component of the energy supply of the union . this makes security of gas supply a key element of the union ' s overall energy security , with relevance to the union ' s competitiveness and growth . even though more than 50&#160 ; % of gas consumption in the union and the rest of the european economic area is currently covered by domestic production , a growing proportion of gas is imported from third countries . enhancing the union ' s energy security and making its gas market more resilient thus requires creating a stable , market - based regulatory framework for developing gas production from domestic sources , increasing energy efficiency as well as addressing dependence on dominant external suppliers .


### disruption of supplies from third country suppliers , as well as , where appropriate , geopolitical risks ; ### disruption of supplies from third country suppliers or reduction of supplies because of overconsumption in transit countries ;


### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by : ### the competent authorities of each region as listed in annex i shall , on the basis of an assessment of the risks for individual member states in each region , jointly make an assessment at regional level of all risks affecting the security of gas supply , including the risk assessment of each member state of the region . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out in particular by :


### the competent authority shall require the natural gas undertakings , that it identifies , to take measures to ensure the supply of gas to the protected customers of the member state in each of the following cases : ### the competent authority shall ensure that natural gas undertakings , to take measures to ensure the supply of gas to the protected customers of the member state in each of the following cases :


### the competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this article . competent authorities shall report to the gas coordination group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment . the commission may have a facilitating role overall in the preparation of the risk assessment , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region . ### the competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this article . competent authorities shall report to the gas coordination group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment . the commission shall have a facilitating role overall in the preparation of the risk assessment , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission shall develop a cooperation mechanism for that region .


### the other preventive measures designed to address the risks identified in the risk assessment , such as those relating to the need to enhance interconnections between neighbouring member states and the possibility to diversify gas routes and sources of supply , if appropriate , to address the risks identified in order to maintain gas supply to all customers as far as possible ; ### the other preventive measures designed to address the risks identified in the risk assessment , such as those relating to the need to enhance interconnections between neighbouring member states and the possibility to diversify gas routes and sources of supply , to initiate or increase supply from alternative suppliers , inter alia , by way of voluntary demand aggregation and to pool gas reserves , inter alia , via common virtual gas reserves composed of different flexibility options available in different member states , if appropriate , to address the risks identified in order to maintain gas supply to all customers for as long as possible ;


### the competent authorities of the member states of each region as listed in annex i , after consulting the natural gas undertakings , the relevant organisations representing the interests of household and industrial gas customers , including electricity producers , and the national regulatory authorities , where they are not the competent authorities , shall establish jointly : ### the competent authorities of the member states of each region as listed in annex i , after consulting the natural gas undertakings , transmission system operators for electricity , the relevant organisations representing the interests of household and industrial gas customers , including electricity producers , and the national regulatory authorities , where they are not the competent authorities , shall establish jointly :


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state’s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market supervised by public regulatory authorities that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by one member state may jeopardise the proper functioning of the internal gas market and spark a domino effect to customers in other member states . to allow members states to cope with a shortage of supply and the internal gas market to function even in the face of such shortage of supply , provision must be made for solidarity and coordination at regional and union level in the response to supply crises as regards both preventive action and the reaction to actual disruptions of supply leading to integration of regions’ energy markets . in this regard the union should further diversify energy sources , suppliers and supply routes , as a precondition of energy security and shall support , including through funding , those diversification - oriented projects that are fully in line with union law and principles as well as with the union’s long - term policy objectives and priorities , such as infrastructural projects .


### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency . ### as long as gas supply to protected customers in the member state that have called for the application of solidarity measures is not satisfied , the gas supply to protected customers in any other member state , directly connected to that member state , shall not continue to the extent necessary to supply the protected customers in the member states having declared the emergency .


### certain customers , including households and customers providing essential social services , are particularly vulnerable and may need social protection . a definition of such protected customers should not conflict with the union solidarity mechanisms . ### certain customers , including households and customers providing essential social services , are particularly vulnerable and should be protected including from rapidly rising gas prices that are the result of a supply crisis . a definition of such protected customers should , to the extent possible , be further harmonised without undermining the union solidarity mechanisms


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments .


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union , as it lessens the exposure of individual member states to the harmful effects of supply disruptions . when a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply .


### paragraph 2 shall apply as of 1 march 2019 . ### paragraph 2 shall apply as of 1 october 2018 .


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### the commission shall keep annex v and annex vi under review , with a view , where justified , to adding or revising values for biofuel , bioliquid and biomass fuel production pathways . that review shall also consider the modification of the methodology laid down in part c of annex v and in part b of annex vi . ### the commission shall keep annex v and annex vi under review .


### the promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation . it is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers . ### the promotion of low carbon fossil fuels that are produced from gaseous waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation . it would therefore be appropriate to develop a methodology on their possible contribution towards the aims of this directive and the union decarbonisation policy objectives at large .


### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin . ### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , or electricity obtained from an installation connected to the grid where there is evidence that the electricity has been provided without importing electricity from the wider grid or that the electricity generation would have been lost if not consumed by the plant , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2025 , the commission shall assess , in close collaboration with the member states , whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 .


### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity . ### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 50 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 2 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity .


### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article . ### the commission is empowered to adopt implementing acts in accordance with article 29 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 . the commission shall adopt such methodologies and minimum greenhouse gas savings requirements no later than march 2018 . the minimum greenhouse gas emission savings required for waste - based fossil fuels shall be the same as for biofuels and bioliquids in accordance with article 26 .


### ‘ waste - based fossil fuels’ means liquid and gaseous fuels produced from waste streams of non - renewable origin , including waste processing gases and exhaust gases ; ### ‘ emission - based fuels’ means liquid and gaseous fuels produced from oxidized carbon streams , including waste processing gases and exhaust gases ;


### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological origin from agriculture , including vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as the biodegradable fraction of waste , including industrial and municipal waste of biological origin ; ### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological origin from agriculture , including vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as the biodegradable fraction of waste of biological origin , including industrial and municipal waste ;


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , member states shall set a minimum target for the contribution of advanced biofuels and biogas , including those produced from feedstock listed in part a of annex ix . indicative reference values are 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . when setting their national targets , member states may take into account long - term strategic considerations , including availability of fuels and feedstocks in sectors where there is a particular need , and the cost - effectiveness of different measures .


### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article . ### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and low carbon fuels , which are generated from gases effluents produced as an unavoidable and not intentional consequence of the manufacturing or production of products whose intended purpose is commercial use and / or sale , and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy in the final fuel . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled .


### however , biofuels , bioliquids and biomass fuels produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points , and of this paragraph . this provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels , bioliquids and biomass fuels . ### biofuels , bioliquids and biomass fuels produced from waste and residues from agricultural land , whether within or outside the eu , shall be taken into account for the purposes referred to in points , and of the first subparagraph only if measures have been taken by the operators to avoid any negative impacts on soil quality and soil carbon , in particular regarding minimum soil cover , minimum land management reflecting site specific conditions to limit erosion and maintenance of soil organic matter level through appropriate practices .


### electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu . for the purposes of points and of paragraph 1 , this provision shall only apply to installations starting operation after [ 3 years from date of adoption of this directive ] . for the purposes of point of paragraph 1 , this provision is without prejudice to public support provided under schemes approved by [ 3 years after date of adoption of this directive ] . ### electricity from cogeneration biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu .


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85% for installations starting operation after 1 january 2026 . ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 75% for installations starting operation after 1 january 2026 .


### the opening of support schemes to cross - border participation limits negative impacts on the internal energy market and can , under certain conditions , help member states achieve the union target more cost - efficiently . cross - border participation is also the natural corollary to the development of the union renewables policy , with a union - level binding target replacing national binding targets . it is therefore appropriate to require member states to progressively and partially open support to projects located in other member states , and define several ways in which such progressive opening may be implemented , ensuring compliance with the provisions of the treaty on the functioning of the european union , including articles 30 , 34 and 110 . ### the opening of support schemes to cross - border participation limits negative impacts on the internal energy market and can , under certain conditions , help member states achieve the union target more cost - efficiently . cross - border participation is also the natural corollary to the development of the union renewables policy , with a union - level binding target replacing national binding targets . it is therefore appropriate to provide member states with the possibility to progressively and partially open support to projects located in other member states , and define several ways in which such progressive opening may be implemented , ensuring compliance with the provisions of the treaty on the functioning of the european union , including articles 30 , 34 and 110 .


### ‘ biowaste’ means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , and comparable waste from the food processing industry ; ### ‘ biowaste’ means biowaste as defined in article 3 of directive 2008 / 98 / ec ;


### member states shall ensure that support for renewable electricity is granted in an open , transparent , competitive , non - discriminatory and cost - effective manner . ### member states shall ensure that support for renewable electricity is granted in an open , transparent , competitive , non - discriminatory , technologically neutral and cost - effective manner .


### member states shall open support for electricity generated from renewable sources to generators located in other member states under the conditions laid down in this article . ### member states may open support for electricity generated from renewable sources to generators located in other member states under the conditions laid down in this article .


### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 1 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 . ### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 0 , 5 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 .


### provide technical expertise to the commission . ### provide technical expertise to the commission where this does not duplicate the role of the european space agency as set out in article 31 ;