### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation no 261 / 2004 of the european parliament and of the council of 11 february 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision of 12 december 2011 concerning the accession of the european union to the protocol of 2002 to the athens convention relating to the carriage of passengers and their luggage by sea , 1974 , with the exception of articles 10 and 11 thereof . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1 . ### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights , the latter prevailing where applicable . where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation no 261 / 2004 of the european parliament and of the council of 11 february 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision of 12 december 2011 concerning the accession of the european union to the protocol of 2002 to the athens convention relating to the carriage of passengers and their luggage by sea , 1974 , with the exception of articles 10 and 11 thereof . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1 .


### ‘ unavoidable and extraordinary circumstances’ means a situation beyond the control of the trader the consequences of which could not have been avoided even if all reasonable measures had been taken ; ### ' unavoidable and extraordinary circumstances ' means unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded , the consequences of which could not have been avoided even if all due care had been exercised ;


### the eu declaration of conformity shall have the model structure set out in annex iv to this directive and it shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the apparatus is placed or made available . ### the eu declaration of conformity shall have the model structure set out in annex iv to this directive and it shall be continuously updated . it may be translated , upon request , into the language or languages required by the member state in which market the apparatus is placed or made available .


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation and when formulating policy , strategic planning and programming and implementing measures , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies and programmes .


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication ‘ a budget for europe 2020’ of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### fighting climate change is recognised as one of the global challenges and an area where urgent international action is necessary . therefore , the union should act with a view to securing a global deal on tackling climate change .


### collecting societies shall accept rightholders as members if they fulfil the membership requirements . they may only refuse a request for membership on the basis of objective criteria . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available . ### collecting societies shall only refuse a request for membership on the basis of objective criteria . these criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation authorised by law or by way of assignment , licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one rightholder , for the collective benefit of those rightholders as its sole or one of its main purposes , and which is : owned or controlled by its members , or organised as a not for profit organisation .


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights provided that they are not acting in direct competition with collecting societies in the fields of collection and distribution of amounts due to rightholders . in such cases , the criteria of ownership and control by members are not relevant .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collective management organisations . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use .


### the main motive for cross - border organised crime is financial gain . in order to be effective , law enforcement and judicial authorities should be given all means to trace , freeze , manage and confiscate the proceeds of crime . ### one decisive outcome of cross - border organised crime is that it generates substantial financial gain . in order to provide the necessary counterweight to this criminal strategy , law enforcement and judicial authorities have to be given all means to trace , freeze , manage and confiscate the proceeds of crime .


### the commission may request the reimbursement of the financial aid granted if , within two years of the finishing date established in the conditions governing the granting of aid , the implementation of the action receiving the financial aid has not been completed . ### the commission may request the reimbursement of the financial aid granted if , within four years of the finishing date established in the conditions governing the granting of aid , the implementation of the action receiving the financial aid has not been completed .


### the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to a rapid increase in the number of reported fatalities in several member states associated with the consumption of the new psychoactive substance concerned , imperative grounds of urgency so require . ### the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to a rapid increase in the number of reported fatalities or incidents posing a grave threat to health in several member states associated with the consumption of the new psychoactive substance concerned , imperative grounds of urgency so require .


### in order to facilitate the management of community funding , to help accelerate the investments in the member states and regions and to increase the impact of the funding on the economy it is necessary to further simplify the rules governing cohesion policy . ### in order to facilitate the management of community funding , to help accelerate the investments at all levels of government – from national to local – and to increase the impact of the funding on the economy and its actors , in particular smes , thereby boosting employment , it is necessary to further simplify the rules governing cohesion policy .


### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven calendar days of receiving the request ; ### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven business days of receiving the request ;


### set up within seven calendar days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation ; ### set up within seven business days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation ;


### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy . ### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy or the relevant union or national legislation .


### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . ### member states shall ensure that fees and charges incurred by the consumer resulting from the errors of a payment service provider involved in the switching process under article 10 are refunded by that payment service provider .


### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified . ### member states shall ensure that the competent authorities referred to in article 20 , determine a list of payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified .


### member states shall ensure that payment service providers provide a switching service as described in article 10 to any consumer who holds a payment account with a payment service provider located in the union . ### member states shall ensure that the transferring and receiving payment service providers located in the union provide a switching service within the same member state as described in article 10 , or equivalent , to any consumer who holds a payment account .


### the consumer deliberately used the account for criminal activities ; ### the consumer used or abused the account for illegal purposes ;


### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven calendar days of receiving the request ; ### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven business days of receiving the request , the time limit starting from the point after the transferring payment service provider received the consumer ' s verification ;


### these rules for the participation and dissemination should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants , notably small and medium - sized enterprises , through simplified procedures . the financial assistance from the union could be provided through different forms . ### these rules for the participation and dissemination should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants , notably small and medium - sized enterprises and civil society organisations , in particular organisations of persons with disabilities , through simplified procedures . the financial assistance from the union could be provided through different forms .


### they shall be informed of the result of the decision by the determining authority in a language that they may reasonably be supposed to understand when they are not assisted or represented by a legal adviser or other counsellor . the information provided shall include information on how to challenge a negative decision in accordance with the provisions of article 10 . ### they shall be informed of the result of the decision by the determining authority in a language that they understand when they are not assisted or represented by a legal adviser or other counsellor . the information provided shall include information on how to challenge a negative decision in accordance with the provisions of article 10 .


### in the interests of a correct recognition of those persons in need of protection as refugees within the meaning of article 1 of the geneva convention or as persons eligible for subsidiary protection , every applicant should have an effective access to procedures , the opportunity to cooperate and properly communicate with the competent authorities so as to present the relevant facts of his / her case and sufficient procedural guarantees to pursue his / her case throughout all stages of the procedure . moreover , the procedure in which an application for international protection is examined should normally provide an applicant at least with the right to stay pending a decision by the determining authority , access to the services of an interpreter for submitting his / her case if interviewed by the authorities , the opportunity to communicate with a representative of the united nations high commissioner for refugees and with organizations providing advice or counselling to applicants for international protection , the right to appropriate notification of a decision , a motivation of that decision in fact and in law , the opportunity to consult a legal adviser or other counsellor , and the right to be informed of his / her legal position at decisive moments in the course of the procedure , in a language he / she can reasonably be supposed to understand and , in the case of a negative decision , the right to an effective remedy before a court or tribunal . ### in the interests of a correct recognition of those persons in need of protection as refugees within the meaning of article 1 of the geneva convention or as persons eligible for subsidiary protection , every applicant should have an effective access to procedures , the opportunity to cooperate and properly communicate with the competent authorities so as to present the relevant facts of his / her case and sufficient procedural guarantees to pursue his / her case throughout all stages of the procedure . moreover , the procedure in which an application for international protection is examined should normally provide an applicant at least with the right to stay pending a decision by the determining authority , access to the services of an interpreter for submitting his / her case if interviewed by the authorities , the opportunity to communicate with a representative of the united nations high commissioner for refugees and with organizations providing advice or counselling to applicants for international protection , the right to appropriate notification of a decision , a motivation of that decision in fact and in law , the opportunity to consult a legal adviser or other counsellor , and the right to be informed of his / her legal position at decisive moments in the course of the procedure , in a language he / she understands and , in the case of a negative decision , the right to an effective remedy before a court or tribunal .


### with respect to the procedures provided for in chapter v , member states may choose to only make free legal assistance and / or representation available to applicants insofar as such assistance is necessary to ensure their effective access to justice . member states shall ensure that legal assistance and / or representation granted pursuant to this paragraph is not arbitrarily restricted . ### with respect to the procedures provided for in chapter v , member states may choose to only make free legal assistance and / or representation available to applicants insofar as such assistance is necessary to ensure their effective access to justice after having verified that the applicants cannot pay for it .


### ' applicant ' or ' applicant for international protection ' means a third country national or stateless person who has made an application for international protection in respect of which a final decision has not yet been taken ; ### does not affect english version .


### they shall be informed in a language which they may reasonably be supposed to understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities . they shall be informed of the time - frame , as well as the means at their disposal for fulfilling the obligation to submit the elements as referred to in article 4 of directive [ &#8230 ; . / . . / ec ] [ the qualification directive ] . this information shall be given in time to enable them to exercise the rights guaranteed in this directive and to comply with the obligations described in article 12 ; ### they shall be informed in a language which they understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities . they shall be informed of the time - frame , as well as the means at their disposal for fulfilling the obligation to submit the elements as referred to in article 4 of directive [ &#8230 ; . / . . / ec ] [ the qualification directive ] . this information shall be given in time to enable them to exercise the rights guaranteed in this directive and to comply with the obligations described in article 12 ;


### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids . ### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of advanced biofuels , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe12 , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe ' , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have industrial or economic value for other uses than biofuels , that use waste materials for energy purposes only in accordance with the waste hierarchy , that do not compete for the use of land and water so to protect land and food rights .


### member states shall ensure that no raw materials are intentionally modified to be covered by categories to . ### member states shall refer to an independent european - wide registration system for verifying the origin and the traceability of all biofuels and particularly of advanced biofuels listed under annex ix or eligible for an extra - incentive or for a separate target at eu or national level : such register should consist in a single database certifying all biofuels volumes from their origin until their final consumption . the register shall be aimed to avoid untrustworthy multiple declarations of the same volumes under two or more national or european schemes , shall register biofuels as from their origination and shall ensure that no raw materials are intentionally modified to be covered by categories to .


### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids . ### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of the amount of biomass not causing any indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### in accordance with the advisory procedure referred to in article 25 , the commission shall , before 31 december 2017 , work out the best scientific evidence on iluc greenhouse gas emission associated with the production of biofuels and bioliquids . 2 . on the basis of the best available scientific evidence the commission shall , before 31 december 2018 , submit a report to the european parliament and to the council including an assessment of the availability of cost - efficient biofuels from non - land using feedstocks and non - food crops by 2020 and indirect land - use change greenhouse gas emission associated with the production of biofuels and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3 and of directive 2009 / 28 / ec .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with no risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . after prior scientific assessment about their merits and their true sustainability , it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels which meet sustainability criteria , which do not compete with food for land , water or other resources and which have no estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 5 , the third subparagraph of article 17 , articles 19 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall include an impact assessment analysis of the biofuels production on the forestry - based industries and wood availability . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing sustainability criteria to be applied for incentivising biofuels from non - land using feedstocks under article 3d of directive 2009 / 28 / ec .


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


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in article 3 , article 5 shall be conferred on the commission for 5 years from [ the date of entry into force of this directive ] with the possibility of extending this period .


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


### a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . however , such advanced biofuels are currently not available commercially , despite numerous research projects and initial experiments , and many studies agree that in the short and medium term it will be impossible to increase their production volumes . in this context , as part of the renewable energy policy framework , advanced biofuels should be supported and , where necessary , subsidised , only after a preliminary scientific assessment has been carried out as to their merits and their true sustainability , proving that they have a low estimated indirect land use change impact and that they enable high overall greenhouse gas savings .


### a delegated act adopted pursuant to article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 3 , article 5 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , biofuel production from food crops contributes to food price volatility . in order to reduce such emissions and mitigate such negative effects on food security , it is appropriate to set up the 5% limit laid down in article 3d as well as take into account indirect land - use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directive 2009 / 28 / ec and directive 98 / 70 / ec .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , increased use of biofuels produced from food crops contributes to food price volatility and could have negative impacts on for global food security . this has had significant negative social impacts on livelihoods and the ability to realise human rights including the right to food or access to land for local communities living in poverty in countries outside the union . in order to reduce such emissions and such negative social impacts , it is appropriate to in particular focus on reducing the projected use of biofuels grown on land .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for a period of five years from [ the date of entry into force of this directive ] .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with no risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels which meet sustainability criteria , which do not compete with food for land , water or other resources and which have no estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework


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


### a delegated act adopted pursuant to article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council .


### the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action .


### the services referred to in annex iii , point 2 , shall be supplied by all operators of service facilities in a non - discriminatory manner . ### operators of service facilities shall supply to railway undertakings the services referred to in annex iii , point 2 , in a non - discriminatory manner under the control of the regulatory body .


### where the infrastructure manager , in its legal form , organisation or decision - making functions , is not independent of any railway undertaking , the functions described in sections 3 and 4 of chapter iv shall be performed respectively by a charging body and by an allocation body that are independent in their legal form , organisation and decision - making from any railway undertaking . ### where the infrastructure manager , in its institutional and legal form and its organisation and decision - making functions , is not independent of any railway undertaking , the functions described in sections 2 and 3 of chapter iv shall be performed by a charging body and by an allocation body that are independent in their institutional and legal form and their organisation and decision - making from any railway undertaking .


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### in order to ensure that all citizens have access to advanced digital services including broadband , in particular in remote and sparsely populated areas , member states and the commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling internet access .


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach relating to special categories of personal date , personal data which are subject to professional secrecy , personal data relating to criminal offences or to the suspicion of a criminal act or personal data relating to bank or credit card accounts , which seriously threaten the rights or legitimate interests of the data subject , the controller shall without undue delay notify the personal data breach to the supervisory authority .


### the controller shall bear the burden of proof for the data subject ' s consent to the processing of their personal data for specified purposes . ### where consent is required , the form of consent captured for the processing of a data subject ' s personal data shall be proportionate to the type of data processed , the purpose for the processing and any identified risks , as determined through a data protection impact assessment .


### each natural or legal person shall have the right to a judicial remedy against decisions of a supervisory authority concerning them . ### without prejudice to the procedure described in article 63a , each natural or legal person , including each data controller and data processor , shall have the right to a judicial remedy against decisions of a supervisory authority concerning or affecting them .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ;


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ;


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### unlike other creative sectors where direct licensing plays a more prominent role , the collective management of authors ' rights on a territorial basis remains the norm in the music sector . therefore , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy .


### member states shall ensure that , where a collecting society provides social , cultural or educational services funded through deductions from rights revenue , rightholders are entitled to the following : ### member states shall ensure that , where a collecting society provides social , cultural or educational services funded through deductions from rights revenue , such services shall be provided on the basis of fair criteria , in particular in relation to the access to and the extent of those services .


### the development and implementation of the atm master plan requires regulatory actions in a wide variety of aviation subjects . the agency should , in supporting the commission for drafting technical rules , adopt a balanced approach to regulating different activities based on their specificities , acceptable levels of safety and an identified risk hierarchy of users to ensure a comprehensive and co - ordinated development of aviation . ### does not affect the english version .


### for the partnership contract and each programme respectively , a member state shall organise a partnership with the following partners : ### for the partnership contract and each programme respectively , the member states and local and regional authorities shall organise a partnership with the following partners :


### programmes shall be submitted by the member states at the same time as the partnership contract , with the exception of european territorial cooperation programmes , which shall be submitted within six months of the approval of the common strategic framework . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 . ### programmes shall be submitted by the member states at the latest three months following the submission of the partnership agreement . european territorial cooperation programmes shall be submitted within nine months of the entry into force of this regulation . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 .


### a ' public works concession ' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of works , where the consideration for the the works to be carried out consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment . ### a ' public works concession ' means a contract for pecuniary interest concluded in writing between the contracting authority acting on behalf of the state or a regional or local authority and the concessionaire , in which the rights and obligations of the contracting authority and the concessionaire with respect to the concession are regulated .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers , with , furthermore , the active participation of representatives from a range of civil society organisations including employers’ organisations , trade unions , societies of authors and consumer organisations . it should also be ensured that small and medium sized enterprises are offered practical assistance and information about their rights .


### the commission shall transmit the evaluation report to the european parliament and the council and undertake a broad consultation among stakeholders on the evaluation report . ### the commission shall transmit the evaluation report to the european parliament , the council and the european economic and social committee and shall undertake a broad consultation among stakeholders on the evaluation report .


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context , the sensitivity of these services , the subsidiarity principle , protocol 26 on services of general interest , article 14 of the treaty on the functioning of the european union and article 36 of the charter of fundamental rights , member states have wide discretion to organise the choice of the service providers in the way they consider most appropriate , as closely as possible to the needs of the users , and taking into account the differences in the needs and preferences of users that may result from different geographical , social or cultural situations , and to ensure universal access , continuity and availability of the services in all territories of the union . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee , which are designed to ensure a high level of quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users , their satisfaction , social inclusion and , where relevant , innovation . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination .


### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure high quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users , their satisfaction , social inclusion and , where relevant , innovation . when drawing up quality criteria , contracting authorities may refer to the criteria set out in the voluntary european quality framework for social services .


### this directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof , on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law , regulation or administrative provision , and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii . ### this directive shall not apply to services concessions concerning network infrastructure management related to activities set out in annex iii or to services concessions for activities set out in annex&#160 ; iii or which , as at the entry into force of this directive , are the subject of a nationally regulated tariff laid down by law or regulation where such concessions are awarded to an economic operator on the basis of an exclusive right which that operator enjoys pursuant to applicable and published national law , regulations , or administrative provisions .


### activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air , sea or inland waterway . ### activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air , sea or inland waterway , or to operators of these terminal facilities to whom their use is granted upon their completion .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work or a sound recording has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan .


### for the purposes of establishing whether a work is an orphan work , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question . ### for the purposes of establishing whether a work or a sound recording is orphan , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that a rightholder in a work or a sound recording considered to be orphan has , at any time , the possibility of putting an end to the orphan status .


### member states may authorise the organisations referred to in article 1 to use an orphan work for purposes other than those referred to in article 6 , provided that : ### member states may authorise the organisations referred to in article 1 to use an orphan work or a sound recording for purposes other than those referred to in article 6 , provided that :


### the organisations maintain publicly accessible records of their use of orphan works ; ### the organisations maintain publicly accessible records of their use of orphan works or sound recordings ;


### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work by the organisations referred to in article 1 ; ### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work or the sound recording by the organisations referred to in article 1 ;


### the provisions of this directive shall apply in respect of all works referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright . ### the provisions of this directive shall apply in respect of all works or sound recordings referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright .


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in education , skills , lifelong learning and culture by developing education and training infrastructure and promoting cultural heritage ;


### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . in order to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption when caused by an unexpected crisis comparable to the financial and economic crisis that hit the economy from 2008 onwards . ### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . in order for the egf to have the flexibility necessary for it to be able to adapt fully to future unforeseeable crisis situations , its scope should cover all redundancies associated with the threat to employment posed by the crisis and globalisation . by this is meant not just job losses due to bankruptcy but also those caused by corporate restructuring of all kinds , including mass relocations within and to outside of the union , which is responsible for the serious disruption nowadays to the economic and social situation of workers in the union .


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers by means of refresher courses , retraining , or development of training courses for entrepreneurs . member states should strive towards the reintegration into employment or new activities of at least 70 % of the targeted workers within 12 months of the date of application .


### in order to support redundant workers effectively and rapidly , member states should do their utmost to submit complete applications . the provision of supplementary information should be exceptional and limited in time . ### as noted by the european economic and social committee , one of the causes of underutilisation of the egf is the slow and bureaucratic procedure for its mobilisation . in order to support redundant workers effectively and rapidly , member states , in collaboration with all the levels of governance concerned and with representatives of organised civil society , should do their utmost to submit complete and timely applications . the provision of supplementary information should be exceptional and limited in time .


### special provisions should be included for information and communication activities on egf cases and outcomes . in addition , to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation should also contribute to covering the corporate communication of the political priorities of the union provided that these are related to the general objectives of this regulation . ### information and communication activities should be initiated regarding egf cases , how they function and their outcomes . in addition , to ensure citizens are more fully informed and , most especially , that employees and owners of smes know about the fund , the resources allocated to communication actions under this regulation should apply not just to all levels of national government but also to representatives of organised civil society . with their in - depth knowledge of economic sectors and of the particular characteristics of the territory and its human capital , they play a vital part not just in collecting the data needed for mobilisation of the fund , but also in developing , in agreement with the level of governance concerned , the most effective intervention measures .


### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission may also provide information on using the egf to the european and national social partners . ### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . furthermore , the commission shall provide the european and national social partners and local and regional bodies with information and clear guidelines on using the egf .


### the commission shall implement information and communication activities on egf cases and outcomes . ### the commission , in agreement with the member states , the regions , local bodies and representatives of organised civil society , shall implement information and communication activities aimed at : ensuring that eu citizens and workers know about the egf , explaining how it functions , providing examples of egf cases and making the outcomes known , highlighting best practices and also identifying weak points in the previous programming period .


### the member state shall carry out the eligible actions set out in article 6 as soon as possible , but not later than 24 months after the date of the application , pursuant to article 8 . ### the member state shall carry out the eligible actions set out in article 6 as soon as possible , but not later than 12 months after the date of the application , pursuant to article 8 .


### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical imbalances and - subsequently - to a limited choice for the consumer . ### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . however , it is appropriate to also take into account the existence of regional cultural and creative sectors which do not always follow national and linguistic borders of member states . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical imbalances and — subsequently — to a limited choice for the consumer .


### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission as well as internal candidates can apply for posts in the eeas on an equal footing . from 1 july 2013 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 30 june 2013 , priority may be given to candidates from national diplomatic services of the member states in case of substantially equal qualifications . ### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission as well as internal candidates can apply for posts in the eeas on an equal footing , while ensuring adequate geographical representation . from 1 july 2013 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 30 june 2013 , priority may be given to candidates from national diplomatic services of the member states in case of substantially equal qualifications , taking into account the need for adequate geographical representation .


### in order to guarantee adequate representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission may decide that , by derogation from article 98 of the staff regulations , priority may be given until 30 june 2013 for certain posts in function group ad in the eeas to candidates from national diplomatic services of the member states in case of substantially equal qualifications . ### in order to guarantee adequate representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission may decide that , by derogation from article 98 of the staff regulations , priority may be given until 30 june 2013 for certain posts in function group ad in the eeas to candidates from national diplomatic services of the member states in case of substantially equal qualifications , taking into account the need for adequate geographical representation .


### one of the objectives of this regulation is to remove existing barriers to the cross - border use of electronic identification means used in the member states to access at least public services . this regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the member states . the aim of this regulation is to ensure that for the access to cross - border online services offered by the member states , secure electronic identification and authentication is possible . ### one of the objectives of this regulation is to remove existing barriers to the cross - border use of electronic identification means used in the member states to access at least public services . this regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the member states . the aim of this regulation is to ensure that for the access to cross - border online services offered by the member states , a high level of security for electronic identification and authentication is possible , also by providing for different levels of security linked to the type of services to which access is permitted .


### cooperation of member states should serve the technical interoperability of the notified electronic identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation . ### cooperation of member states should serve the technical interoperability and neutrality of the notified electronic identification schemes with a view to fostering a high level of trust and security appropriate to the degree of risk . in this regard , the member states should ensure that their electronic identification schemes undergo prior technological verification as part of the cooperation mechanism mentioned above . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation .


### coordination ### coordination and interoperability


### member states should be able to contact the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the member state of the offence . in doing so , member states should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned , to ensure that that person has a clear understanding of the information which is being shared with him . this will allow that person to respond to the information in an appropriate way , in particular by asking for more information , settling the fine or by exercising their rights of defence , in particular in the case of mistaken identity . further proceedings are covered by applicable legal instruments , including instruments on mutual assistance and on mutual recognition . ### member states should be able to contact the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the member state of the offence . in doing so , member states should consider sending the information concerning road safety related traffic offences in the language of the registration documents . this will allow that person to respond to the information in an appropriate way , in particular by asking for more information , settling the fine or by exercising their rights of defence , in particular in the case of mistaken identity . further proceedings are covered by applicable legal instruments , including instruments on mutual assistance and on mutual recognition .


### where the member state of the offence decides to initiate follow - up proceedings in relation to the road safety related traffic offences referred to in article 2 , it informs , in accordance with its law , the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence of the legal consequences thereof within the territory of the member state of the offence under the law of that member state . ### where the member state of the offence finds that a road safety related traffic offence referred to in article 2 has been committed , it informs , in accordance with its law , the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence of the legal consequences thereof within the territory of the member state of the offence under the law of that member state .


### the esf should contribute to the europe 2020 strategy , ensuring greater concentration of support on the priorities of the european union . the esf should in particular increase its support for the fight against social exclusion and poverty , through a minimum ring - fenced allocation . according to the level of development of the supported regions , the choice and number of investment priorities for esf support should also be limited . ### the esf should contribute to the europe 2020 strategy , ensuring greater concentration of support on the priorities of the european union . the esf should in particular increase its support for the fight against social exclusion and poverty , through a minimum ring - fenced allocation . the greater share of funding in this area should remain targeted at providing support for women , given that they are most at risk of poverty . according to the level of development of the supported regions , the choice and number of investment priorities for esf support should also be limited .


### equality between men and women and reconciliation between work and private life ; ### equality between men and women and reconciliation between work and family life ;


### the purpose of this directive is to contribute to sustainable production and consumption by , as a first priority , the prevention of weee and , in addition , by the re - use , recycling and other forms of recovery of such wastes , so as to reduce the disposal of waste and to contribute to the efficient use of resources . it also seeks to improve the environmental performance of all operators involved in the life cycle of eee , e . g . producers , distributors and consumers and , in particular , those operators directly involved in the collection and treatment of weee . in particular , different national applications of the producer responsibility principle may lead to substantial disparities in the financial burden on economic operators . having different national policies on the management of weee hampers the effectiveness of recycling policies . for that reason , the essential criteria should be laid down at the level of the union . ### the purpose of this directive is to contribute to sustainable production and consumption by , as a first priority , the prevention of weee and , in addition , by the re - use , recycling and other forms of recovery of such wastes , so as to reduce the disposal of waste and to contribute to the efficient use of resources . it also seeks to reduce the administrative burden on market operators and improve the environmental performance of all operators involved in the life cycle of eee , e . g . producers , distributors and consumers and , in particular , those operators directly involved in the collection and treatment of weee . in particular , different national applications of the producer responsibility principle may lead to substantial disparities in the financial burden on economic operators . having different national policies on the management of weee hampers the effectiveness of recycling policies . for that reason , the essential criteria should be laid down at the level of the union .


### separate collection is a precondition for ensuring specific treatment and recycling of weee and is necessary to achieve the chosen level of protection of human health and the environment in the union . consumers have to actively contribute to the success of such collection and should be encouraged to return weee . for this purpose , convenient facilities should be set up for the return of weee , including public collection points , where private households should be able to return their waste at least free of charge . distributors have an important role in contributing to the success of weee collection . ### separate collection is a precondition for ensuring specific treatment and recycling of weee and is necessary to achieve the chosen level of protection of human health and the environment in the union . consumers have to actively contribute to the success of such collection and should be encouraged to return weee . for this purpose , convenient facilities should be set up for the return of weee , including public collection points for bulky waste , where private households should be able to return their waste at least free of charge . distributors have an important role in contributing to the success of weee collection .


### in order to attain the chosen level of protection and the harmonised environmental objectives of the union , member states should adopt appropriate measures to minimise the disposal of weee as unsorted municipal waste and to achieve a high level of separate collection of weee . in order to ensure that member states strive to set up efficient collection schemes , they should be required to achieve a high level of collection of weee , particularly for cooling and freezing equipment containing ozone - depleting substances and fluorinated greenhouse gases , given their high environmental impact and in view of the obligations contained in regulation no 1005 / 2009 and regulation no 842 / 2006 . data included in the impact assessment show that 65 % of the eee placed on the market is already separately collected today , but more than half of this is potentially the object of improper treatment and illegal exports . this leads to losses of valuable secondary raw materials and environmental degradation . to avoid this , it is necessary to set an ambitious collection target . it is appropriate to lay down minimum requirements for shipments of used eee suspected to be weee , in the application of which member states may have regard to any relevant correspondents ' guidelines elaborated in the context of the implementation of regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2006 on shipments of waste . ### in order to attain the chosen level of protection and the harmonised environmental objectives of the union , member states should adopt appropriate measures to minimise the disposal of weee as unsorted municipal waste and to achieve a high level of separate collection of weee . in order to ensure that member states strive to set up efficient collection schemes , they should be required to achieve a high level of collection of weee , particularly for cooling and freezing equipment containing ozone - depleting substances and fluorinated greenhouse gases , given their high environmental impact and in view of the obligations contained in regulation no 1005 / 2009 and regulation no 842 / 2006 . data included in the impact assessment show that 65 % of the eee placed on the market is already separately collected today , but more than half of this is potentially the object of improper treatment and illegal exports to third countries where environmental standards are less stringent and where personnel handling the waste are subjected to greater risks . this leads to losses of valuable secondary raw materials and environmental degradation . to avoid this , it is necessary to set an ambitious collection target and establish the principle of the cost - effective management of weee flows . it is appropriate to lay down minimum requirements for shipments of used eee suspected to be weee , in the application of which member states may have regard to any relevant correspondents ' guidelines elaborated in the context of the implementation of regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2006 on shipments of waste . in order to prevent illegal shipments of weee , exports of weee to third countries should be subject to stricter controls .


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the different language versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious .


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the different language versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is in line with article 2 of the treaty on european union .