### “article 13 non - cooperative jurisdictions in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign vehicle located in a non - cooperative jurisdiction identified as such by the union , the united nations , the organisation for economic cooperation and development or the financial action task force . in its financing operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to take reasonable measures to identify the beneficial owners where applicable . ” ### article 13 is replaced by the following : “article 13 non - cooperative jurisdictions in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . in particular the eib and the financial intermediaries it uses shall not participate in any financing operation implemented in an eligible country through a foreign vehicle located in a non - cooperative jurisdiction identified as such by the union , the united nations , the organisation for economic cooperation and development or the financial action task force . in its financing operations , the eib and the financial intermediaries it uses shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to take reasonable measures to identify the beneficial owners where applicable . ”


### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the member states . ### the principle of mutual recognition of sentences and other decisions of the judicial authorities is the cornerstone of judicial cooperation in civil and criminal matters within the union . by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive seeks to strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters .


### this directive should apply only to criminal proceedings . administrative proceedings leading to sanctions such as competition , trade , tax , financial services proceedings and other investigations by administrative authorities in relation to these proceedings , and also civil proceedings are not covered by this directive . ### this directive should apply only to criminal proceedings and to administrative proceedings that may lead to sanctions such as deprivation of liberty , irrespective of whether or not they are classified as criminal proceedings .


### this directive should apply to natural persons who are suspected or accused of having committed a criminal offence . it should apply at any stage of the proceedings , even before those persons are made aware by the competent authorities of a member state , by official notification or otherwise , that they are suspected or accused of having committed a criminal offence , until the conclusion of such proceedings . ### this directive should apply to natural persons who are suspected or accused of having committed a criminal offence . it should apply at any stage of the proceedings , even before those persons are made aware by the competent authorities of a member state , by official notification or otherwise , that they are suspected or accused of having committed a criminal offence , until such proceedings are concluded with the handing down of a sentence .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . for the purposes of this directive , ' public statement ' means any statement relating to a crime and issued by the judicial authorities , the police or any other public authorities , including ministers and other public officials . without prejudice to the freedom of the press and the right to information , the presumption of innocence is also infringed wherever suspects or accused persons are referred to in the press as if they have already been convicted .


### the burden of proof is on the prosecution , and any doubt should benefit the accused . thus , the presumption of innocence will be infringed where the burden of proof is shifted from the prosecution to the defence , without prejudice to any possible ex officio fact findings powers of the court and without prejudice to the independence of the judiciary when assessing the suspect ' s or accused ' s guilt . ### the burden of proof is on the prosecution . suspects have the right to instruct their lawyers to carry out investigations for the defence . the accused always has the right to present evidence for the defence , thereby ensuring that evidence is gathered in compliance with the adversarial principle . if no evidence emerges from the proceedings establishing the case beyond all reasonable doubt , the principle of ' in dubio pro reo ' applies . this is without prejudice to any possible ex officio fact findings powers of the court and without prejudice to the independence of the judiciary when assessing the suspect ' s or accused ' s criminal liability .


### the right not to incriminate oneself and not to cooperate is an important aspect of the presumption of innocence . suspect or accused persons should not be forced , when asked to make a statement or answer questions , to produce evidence or documents or to provide information which may lead to incriminate themselves . ### the right not to incriminate oneself and the right to remain silent are key aspects of the presumption of innocence . suspects or accused persons must not in any way be forced , when asked to make a statement or answer questions , to produce evidence or documents or to provide information which may lead to incriminate themselves .


### the right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be obtained from the suspect or accused person through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons , such as material acquired pursuant to a warrant , material in respect of which there is a legal obligation of retention and production upon request , breath , blood and urine samples and bodily tissue for the purpose of dna testing . ### the use of methods of obtaining evidence that encroach further on personal liberty , including biological sampling of blood , urine or other organic substances necessary for dna testing , must be restricted solely to cases of proven necessity provided for by law . if the suspect or accused person refuses to give his or her consent , the sampling or examination may be carried out on the instructions of the court only with the express consent of the prosecution , which must be confirmed subsequently in writing .


### the right to remain silent is an important aspect of the presumption of innocence . it should serve as protection from self - incrimination . ### the right to remain silent is an important aspect of the presumption of innocence . it should serve as protection from self - incrimination . the right to remain silent cannot under any circumstances be used against the accused or suspected person and cannot be regarded as substantiating the charges .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural persons suspected or accused at every stage of the criminal proceedings against them until those proceedings are finally concluded with the handing down of a sentence .


### member states shall ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted . ### member states shall take the steps necessary to ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted .


### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . ### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . member states shall also ensure that suspects or accused persons have the benefit of any doubt . member states shall ensure that suspects or accused persons always have the opportunity to submit evidence for the defence or to conduct investigations for the defence through their lawyer .


### exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts . ### exercise of the right not to incriminate oneself shall not be used against a suspect or accused person at any stage of the proceedings and shall not be considered as a corroboration of facts .


### exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts . ### exercise of the right to remain silent shall not be used against a suspect or accused person at any stage in the proceedings and shall not be considered as a corroboration of facts , nor may it in any way be assessed for the purpose of ascertaining criminal responsibility .


### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : ### member states may provide for a possibility under which the trial court may decide on criminal responsibility in the absence of the accused person , provided that the accused person :


### either was summoned in person and thereby informed of the scheduled date and place of the trial , or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial ; ### either was summoned in person and thereby informed , by means of a summons , of the scheduled date and place of any hearing connected with the trial , or by other means actually received official information of the scheduled date and place of any hearing connected with that trial in such a manner that it was unequivocally established that he or she was aware that a trial was ongoing against him or her ;


### was informed that a decision may be handed down if he or she does not appear for the trial ; or ### was informed that a decision may be handed down if he or she does not appear for the trial ;


### being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial . ### being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned , to defend him or her at the trial , and was indeed defended by that counsellor at the trial , or , where the accused person had not appointed a legal counsellor of his or her own choice , was appointed by the court , to ensure that at all events he or she was defended at the trial .


### if the conditions of paragraph 2 have not been met , a member state can proceed to execution of a decision intended in that paragraph if , after being served with the decision and being expressly informed about the right to a retrial , or an appeal , in which the person has the right to participate and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed , the person : ### a member state can proceed to execution of a decision on the criminal responsibility of the accused person if , after being served with the decision and being expressly informed about the right to a retrial , or an appeal , in which the person has the right to participate and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed , the person :


### number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay , so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day . in order to facilitate a one - stop - shop enabling a seamless switching experience for end - users , the switching process should be led by the receiving provider of electronic communications to the public . national regulatory authorities may prescribe the global process of the porting of numbers , taking into account national provisions on contracts and technological developments . experience in certain member states has shown that there is a risk of consumers being switched to another provider without having given their consent . while that is a matter that should primarily be addressed by law enforcement authorities , member states should be able to impose such minimum proportionate measures regarding the switching process , including appropriate sanctions , as are necessary to minimise such risks , and to ensure that consumers are protected throughout the switching process without making the process less attractive for them . ### number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and must be implemented with the minimum delay , so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day . in order to facilitate a one - stop - shop enabling a seamless switching experience for end - users , the switching process should be led by the receiving provider of electronic communications to the public . national regulatory authorities may prescribe the global process of the porting of numbers , taking into account national provisions on contracts and technological developments . those provisions must not limit the right to number portability and should also allow users to change the assigned number without changing the associated sim card . experience in certain member states has shown that there is a risk of consumers being switched to another provider without having given their consent . while that is a matter that should primarily be addressed by law enforcement authorities , member states should be able to impose such minimum proportionate measures regarding the switching process , including appropriate sanctions , as are necessary to minimise such risks , and to ensure that consumers are protected throughout the switching process without making the process less attractive for them .


### competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public , through radio local area networks , which may be located at an end - user ' s premises , subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end - user . ### competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public , through radio local area networks , which may be located at an end - user ' s premises , subject to compliance with the applicable general authorisation conditions and the explicit prior informed agreement of the end - user .


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , both at a fixed location and by way of mobile connection .


### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . ### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date and at the time of day expressly agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day .


### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful . national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will . ### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . those provisions should allow users to change the assigned number without changing the associated sim card . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful . national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will .


### member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate end - users in case of delay in porting or abuse of porting by them or on their behalf . ### member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate end - users in case of delay in porting or abuse of porting by them or on their behalf . such compensation should be proportional to the length of the delay or the nature of the abuse suffered by the end - user .


### the import licence referred to in article 4 or the importer statement referred to in article 5 , as the case may be , shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit . ### the import licence referred to in article 4 or the importer statement referred to in article 5 , as the case may be , shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure .


### in order to ensure that applicants are aware of the consequences of absconding , member states should inform applicants in a uniform manner , as soon as possible and at the latest when they lodge their application , of all the obligations with which applicants must comply relating to reception conditions , including the circumstances under which the granting of material reception conditions may be restricted and of any benefits . ### in order to ensure that applicants are aware of the consequences of absconding , member states should inform applicants in a uniform manner , at the time when the person concerned expresses the intention to apply for international protection and at the latest when they lodge their application , of all the obligations with which applicants must comply relating to reception conditions , including the circumstances under which the granting of material reception conditions may be restricted and of any benefits .


### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy before a national judicial authority . ### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . minors should not be detained or placed in confinement under any circumstances . detention of applicants pursuant to this directive should only be ordered in writing by judicial authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy before a national judicial authority and the right to free legal assistance .


### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and a dignified standard of living for all applicants . ### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and an adequate standard of living as defined in this directive for all applicants .


### in order to contribute to the functioning of the internal market , it is necessary to provide for wider dissemination of television and radio programmes originating in other member states for the benefit of users across the union by facilitating licensing of copyright and related rights in works and other protected subject - matter contained in broadcasts of such programmes . indeed , television and radio programmes are important means of promoting cultural and linguistic diversity , social cohesion and access to information . ### in order to contribute to the functioning of the internal market and to promote cultural and linguistic diversity , social cohesion , and access to information , it is necessary to provide for wider dissemination of television and radio programmes originating in other member states for the benefit of users across the union by facilitating licensing of copyright and related rights in works and other protected subject - matter contained in broadcasts of such programmes .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes and other services , both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . furthermore , broadcasting organisations and service providers are also making tv - and radio - like programmes available through linear online - only transmissions , a growing factor that is revolutionising the market . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in a member state other than their member state of origin .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### this regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the member states of establishment of those organisations . however , these provisions affect neither the rights provided under directive 2001 / 29 / ec1 nor the rights acquisition on a contractual basis for such online transmissions . therefore , through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission such as geo - blocking or geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed - circuit ip - based , and mobile networks , and via an internet access service provided in accordance with regulation no 2015 / 2120 of the european parliament and of the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation only if they cannot ensure a controlled environment and their services do not have a definable number of users .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed - circuit ip - based , mobile or similar networks , and the open internet as long as the number of users is definable , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , irrespective of the retransmission technology or network used , provided that the retransmission takes place in a controlled environment , of television or radio programmes intended for reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite and online transmission , of television or radio programmes intended for the reception by the public . such retransmission is must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an ancillary online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date . ### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date .


### crisis prevention and management , including providing coaching to other producer organisations , associations of producer organisations , producer groups or individual producers ; ### crisis prevention and management , including providing coaching to other producer organisations , associations of producer organisations , producer groups or individual producers , actions and activities aimed to diversification and consolidation of export markets in third countries ;


### whistleblower protection is necessary to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market . ### whistleblower protection is necessary to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market . in most of the cases such breaches place the trust of citizens in public institutions under a serious threat , thus jeopardising the proper functioning of democracy .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be judicial authorities , regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate .


### persons who are considering reporting breaches of union law should be able to make an informed decision on whether , how and when to report . private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities . such information must be easily understandable and easily accessible , including , to any extent possible , also to other persons , beyond employees , who come in contact with the entity through their work - related activities , such as service - providers , distributors , suppliers and business partners . for instance , such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity . ### persons who are considering reporting breaches of union law should be able to make an informed decision on whether , how and when to report . private and public entities shall provide information on internal reporting procedures as well as on procedures to report externally to relevant competent authorities . such information must be easily understandable and easily accessible , including , to any extent possible , also to other persons , beyond employees , who come in contact with the entity through their work - related activities , such as service - providers , distributors , suppliers and business partners . for instance , such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity .


### such channels and procedures shall allow for reporting by employees of the entity . they may allow for reporting by other persons who are in contact with the entity in the context of their work - related activities , referred to in article 2 , and , but the use of internal channels for reporting shall not be mandatory for these categories of persons . ### such channels and procedures shall allow for reporting by employees of the entity and by any other persons who are in contact with such entity in the context of their work - related activities referred to in article 2 , and .


### channels for receiving the reports which are designed , set up and operated in a manner that ensures the confidentiality of the identity of the reporting person and prevents access to non - authorised staff members ; ### channels for receiving the reports which are designed , set up and operated in a manner that ensures the confidentiality , and where necessary&#160 ; the anonymity , &#160 ; of the identity of the reporting person , also in the digital environment , and prevents access to non - authorised staff members ;


### member states shall designate the authorities competent to receive and handle reports . ### member states shall designate authorities competent to receive and handle reports . such authorities shall have adequate financial and human resources to enable them to exercise the competences assigned to them .


### dedicated external reporting channels shall be considered independent and autonomous , if they meet all of the following criteria : ### dedicated external reporting channels shall be considered independent , autonomous , clear and transparent if they meet all of the following criteria :


### member states shall ensure that any firearm or part placed on the market has been marked and registered in compliance with this directive . ### member states shall make every effort to ensure that any firearm placed on the market has been marked and registered in compliance with this directive .


### are not likely to be a danger to themselves , to public order or to public safety ; having been convicted of a violent intentional crime shall be considered as indicative of such danger . ### are not likely to be a danger to themselves or to others , to public order or to public safety , have not been convicted of an intentional crime and meet the relevant medical requirements ;


### the union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely . it is therefore essential that it maintains autonomous , reliable and cost - effective access to space , especially as regards critical infrastructure and technology , public security and the security of the union and its member states . the commission should therefore have the possibility to aggregate launch services at european level , both for its own needs and , at their request , for those of other entities , including member states , in conformity with the provisions of article 189 of the treaty . it is also crucial that the union continues to have modern , efficient and flexible launch infrastructure facilities . in addition to measures taken by member states and the european space agency , the commission should consider ways to support such facilities . in particular , where space ground infrastructure necessary to perform launches in line with the needs of the programme is to be maintained or upgraded , it should be possible to partially fund such adaptations under the programme , in line with the financial regulation and where a clear eu value added can be established , with the view of achieving a better cost efficiency for the programme . ### the union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely . it is therefore essential that it maintains autonomous , reliable and cost - effective access to space , especially as regards critical infrastructure and technology , public security and the security of the union and its member states . the commission should therefore have the possibility to aggregate launch services at european level , both for its own needs and , at their request , for those of other entities , including member states , in conformity with the provisions of article 189 of the treaty . the union and the member states should give priority to the use of european manufactured launch vehicles for their own programmes . it is also crucial that the union continues to have modern , efficient and flexible launch infrastructure facilities . in addition to measures taken by member states and the european space agency , the commission should consider ways to support such facilities . in particular , where space ground infrastructure necessary to perform launches in line with the needs of the programme is to be maintained or upgraded , it should be possible to partially fund such adaptations under the programme , in line with the financial regulation and where a clear eu value added can be established , with the view of achieving a better cost efficiency for the programme .


### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment , climate change , civil protection , security , as well as the digital economy , among others . ### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment , including agriculture , forestry , rural development and fishery , climate change , cultural heritage , civil protection , security , including of infrastructures , as well as the digital economy , among others .


### as part of the data and information processing function , copernicus should ensure the long - term sustainability and further development of the core copernicus services , providing information in order to satisfy public sector needs and those arising from the union’s international commitments , and to maximise opportunities for commercial exploitation . in particular , copernicus should deliver , at the local , national , european and global scale , information on the state of the atmosphere ; information on the state of the oceans ; information in support of land monitoring supporting the implementation of local , national and union policies ; information in support of climate change adaptation and mitigation ; geospatial information in support of emergency management , including through prevention activities , environmental compliance assurance , as well as civil security including support for the union ' s external action . the commission should identify appropriate contractual arrangements fostering the sustainability of service provision . ### as part of the data and information processing function , copernicus should ensure the long - term sustainability and further development of the core copernicus services , providing information in order to satisfy public sector needs and those arising from the union’s international commitments , and to maximise opportunities for commercial exploitation . in particular , copernicus should deliver , at the local , national , european and global scale , information on the state of the atmosphere , including air quality ; information on the state of the oceans ; information in support of land monitoring supporting the implementation of local , national and union policies ; information in support of climate change adaptation and mitigation ; geospatial information in support of emergency management , including through prevention activities , environmental compliance assurance , as well as civil security including support for the union ' s external action . the commission should identify appropriate contractual arrangements fostering the sustainability of service provision .


### the implementation of the copernicus services should facilitate the public uptake of services as users would be able to anticipate the availability and evolution of services as well as cooperation with member states and other parties . to this end , the commission and its entrusted entities providing services should engage closely with different user communities across europe in further developing the copernicus services and information portfolio to ensure that evolving public sector and policy needs are met and thus the uptake of earth observation data can be maximised . the commission and member states should work together to develop the in - situ component of copernicus and to facilitate the integration of in - situ datasets with space datasets for upgraded copernicus services . ### the implementation of the copernicus services should facilitate the public uptake of services as users would be able to anticipate the availability and evolution of services as well as cooperation with member states and other parties . to this end , the commission and its entrusted entities providing services should engage closely with different user communities across europe in further developing the copernicus services and information portfolio to ensure that evolving public sector and policy needs are met and thus the uptake of earth observation data can be maximised in the interest of the european citizens . the commission and member states should work together to develop the in - situ component of copernicus and to facilitate the integration of in - situ datasets with space datasets for upgraded copernicus services .


### govsatcom is a user - centric programme with a strong security dimension . the use - cases may be analysed for three main families : crisis management , which may include civilian and military common security and defence missions and operations , natural and man - made disasters , humanitarian crises , and maritime emergencies ; surveillance , which may include border surveillance , pre - frontier surveillance sea - border surveillance , maritime surveillance , surveillance of illegal trafficking ; and key infrastructures , which may include diplomatic network , police communications , critical infrastructures and space infrastructures . ### govsatcom is a user - centric programme with a strong security dimension . the use - cases may be analysed for three main families : crisis management , which may include civilian and military common security and defence missions and operations , natural and man - made disasters , humanitarian crises , and maritime emergencies ; surveillance , which may include border surveillance , pre - frontier surveillance sea - border surveillance , maritime surveillance , surveillance of illegal trafficking ; and key infrastructures , which may include diplomatic network , police communications , digital infrastructure , critical infrastructures and space infrastructures .


### ' copernicus core users ' which benefit from copernicus data and copernicus information and have the additional role of driving the evolution of copernicus , comprising the union institutions and bodies and european national , or regional public bodies entrusted with a public service mission for the definition , implementation , enforcement or monitoring of environmental , civil protection , safety or security policies ; ### ' copernicus core users ' which benefit from copernicus data and copernicus information and have the additional role of driving the evolution of copernicus , comprising the union institutions and bodies and european national , or regional public bodies entrusted with a public service mission for the definition , implementation , enforcement or monitoring of environmental , cultural heritage , civil protection , safety , including of infrastructures , or security policies ;


### the programme shall the following general objectives : ### the programme shall have the following general objectives :


### provide , or contribute to the provision of , high - quality and up - to - date and , where appropriate , secure space - related data , information and services without interruption and wherever possible at global level , meeting existing and future needs and able to meet the union ' s political priorities , including as regards climate change and security and defence ; ### provide , or contribute to the provision of , high - quality and up - to - date and secure space - related data , information and services without interruption and wherever possible at global level , meeting existing and future needs and able to meet the union ' s political priorities , notably as regards climate change and security , including cyber security , and defence ;


### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ; ### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a regular and long - term basis , to support the implementation and monitoring of the union and its member states ' policies , especially in the fields of the environment , climate change , agriculture and rural development , cultural heritage , civil protection , safety and security , including of infrastructures , as well as the digital economy ;


### to encourage new entrants , small and medium enterprises and start - ups , and to offer the widest possible geographic coverage while protecting the union ' s strategic autonomy , the contracting authority may request that the tenderer subcontract part of the contract by competitive tendering at the appropriate levels of subcontracting to companies other than those which belong to the tenderer ' s group . ### to encourage new entrants , in particular small and medium enterprises and start - ups , and to offer the widest possible geographic coverage while protecting the union ' s strategic autonomy , the contracting authority&#160 ; shall endeavour&#160 ; request that the tenderer subcontract part of the contract by competitive tendering at the appropriate levels of subcontracting to companies other than those which belong to the tenderer ' s group .


### in the case of a joint call , joint procedures shall be established for selection and evaluation of proposals . the procedures must involve a balanced group of experts appointed by each party . ### in the case of a joint call , joint procedures shall be established for selection and evaluation of proposals . the procedures must involve a balanced group of independent experts appointed by each party without conflict of interest with the matters they evaluate , advise or assist on .


### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 107 . ### those delegated acts shall be adopted in accordance with the examination procedure referred to in article 107 .


### the implementation of the copernicus services or parts thereof to relevant agencies , bodies or organisations . ### the implementation of the copernicus service component or parts thereof to sites operating in the european union territory of the relevant agencies , bodies or organisations , managing also the relevant third party information acquisition .


### take measures which are at least equivalent to those necessary for the protection of european critical infrastructures within the meaning of council directive 2008 / 114 / ec of 8 december 2008 on the identification and designation of european critical infrastructures and the assessment of the need to improve their protection29 and to those necessary for the protection of their own national critical infrastructures in order to ensure the protection of the ground infrastructure on the ground which form an integral part of the programme and which are located on their territory ; _________________ 29 oj l 345 , 23 . 12 . 2008 , p . 75–82 . ### take measures which are at least equivalent to those necessary for the protection of european critical infrastructures within the meaning of council directive 2008 / 114 / ec of 8 december 2008 on the identification and designation of european critical infrastructures and the assessment of the need to improve their protection29 and to those necessary for the protection of their own national critical infrastructures in order to ensure the protection of the ground infrastructure , including the launchers manufacturing and test facilities , which form an integral part of the programme and which are located on their territory ; _________________ 29 oj l 345 , 23 . 12 . 2008 , p . 75–82 .


### a safety - of - life service , which shall be free of direct user charges and shall provide positioning and synchronisation information with a high level of continuity , availability and accuracy , including an integrity message alerting users to any failure in , or out - of - tolerance signals emitted by , galileo and other gnsss which it augments in the coverage area , intended mainly for users for whom safety is essential , in particular in the sector of civil aviation for the purpose of air navigation services . ### a safety - of - life service , which shall be free of direct user charges and shall provide positioning and synchronisation information with a high level of safety obtained through integrity , continuity , availability and accuracy , including an integrity message alerting users to any failure in , or out - of - tolerance signals emitted by , galileo and other gnsss which it augments in the coverage area , intended mainly for users for whom safety is essential , in particular in the sector of civil aviation for the purpose of air navigation services .


### copernicus shall include actions in support of the following services : ### copernicus shall include actions in support of the following core services :


### the sst component shall support the following activities : ### the sst component shall support in particular the following activities :


### the establishment , development and operation of a network of ground - based and / or space - based sensors of the member states , including sensors developed through the european space agency and nationally operated union sensors , to survey and track objects and to produce a european catalogue of space objects adapted to the needs of the users referred to in article 55 ; ### the establishment , development and operation of a network of ground - based and / or space - based sensors of the union and of the member states , including sensors developed through the european space agency and nationally operated union sensors , to survey and track objects and to produce a european catalogue of space objects adapted to the needs of the users referred to in article 55 ;


### under the govsatcom component satellite communication capacities and services shall be combined into a common union pool of satellite communication capacities and services . this component comprises : ### under the govsatcom component satellite communication capacities and services shall be combined into a common union pool of satellite communication capacities and services with appropriate security requirement . this component comprises :


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than three years after the start of the programme implementation . a specific section of this evaluation shall be dedicated to the governance of the programme aimed at informing on whether amendments to tasks and competences entrusted to the different actors of the programme are needed ;


### in particular , increasing technological improvements , incentives for the use and expansion of public transport , the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity , heating and cooling sectors as well as in the transport sector are very effective tools , together with energy efficiency measures , for reducing greenhouse gas emissions in the union and the union ' s dependence on imported gas and oil . ### in particular , increasing technological improvements , incentives for the use and expansion of public transport , the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity , heating and cooling sectors as well as in the transport sector are very effective tools , together with energy efficiency measures , to achieve the goal of completely abandoning the use of fossil fuels and nuclear energy in the union .


### the european parliament , in its resolutions on ' a policy framework for climate and energy in the period from 2020 to 2030 ' and on ' the renewable energy progress report ' , has favoured a binding union 2030 target of at least 30% of total final energy consumption from renewable energy sources , stressing that that target should be implemented by means of individual national targets taking into account the individual situation and potential of each member state . ### the european parliament , in its resolution of 5 february 2014 on ' a 2030 framework for climate and energy policies ' , favoured a binding union 2030 target of at least 30% of total final energy consumption from renewable energy sources , stressing that that target should be implemented by means of individual national targets taking into account the individual situation and potential of each member state . in addition , the european parliament , in its resolution of 23 june 2016 on ' the renewable energy progress report ' , urged the commission to ensure full implementation of the 2020 renewable energy directive and to put forward an ambitious post - 2020 legislative framework , stressing the need of a stable long - term regulatory framework , including union and national renewable energy targets consistent with the most efficient path towards the union’s long - term climate goals ;


### it is thus appropriate to establish a union binding target of at least 27% share of renewable energy . member states should define their contribution to the achievement of this target as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] . ### it is thus appropriate to establish a union binding target of at least 45 % share of renewable energy . member states should strive to achieve this goal both individually and collectively and they should bear the primary responsibility for reaching national binding targets on renewables by 2030 . member states ' respective contributions reflecting national binding targets aimed at the achievement of the overarching target set at union level should be included as part of their integrated national energy and climate plans through the governance process set out in regulation no . . . / . . . [ governance ] .


### the establishment of a union binding renewable energy target for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors . a target defined at the union level would leave greater flexibility for member states to meet their greenhouse gas reduction targets in the most cost - effective manner in accordance with their specific circumstances , energy mixes and capacities to produce renewable energy . ### the establishment of an overarching union binding renewable energy target for 2030 , to be achieved individually and collectively by member states through national binding targets , would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors . a target defined at the union level , accompanied by national binding targets at national level would help member states in better defining how to meet their greenhouse gas reduction targets in the most cost - effective manner in accordance with their specific circumstances , energy mixes and capacities to produce renewable energy .


### member states should take additional measures in the event that the share of renewables at the union level does not meet the union trajectory towards the at least 27% renewable energy target . as set out in regulation [ governance ] , if an ambition gap is identified by the commission during the assessment of the integrated national energy and climate plans , the commission may take measures at union level in order to ensure the achievement of the target . if a delivery gap is identified by the commission during the assessment of the integrated national energy and climate progress reports , member states should apply the measures set out in regulation [ governance ] , which are giving them enough flexibility to choose . ### member states should take measures to ensure that the share of renewables at the union level meet the 45 % renewable energy target . as set out in regulation [ governance ] , if the commission identifies an implementation gap in the light of the assessment of the integrated national energy and climate plans , it may take measures at union level in order to ensure the achievement of the target . if a delivery gap is identified by the commission in the light of the assessment of the integrated national energy and climate progress reports , member states should apply the measures set out in regulation . . . / . . . [ governance ] , which are giving them enough flexibility to choose .


### the opening of support schemes to cross - border participation limits negative impacts on the internal energy market and can , under certain conditions , help member states achieve the union target more cost - efficiently . cross - border participation is also the natural corollary to the development of the union renewables policy , with a union - level binding target replacing national binding targets . it is therefore appropriate to require member states to progressively and partially open support to projects located in other member states , and define several ways in which such progressive opening may be implemented , ensuring compliance with the provisions of the treaty on the functioning of the european union , including articles 30 , 34 and 110 . ### the opening of support schemes to cross - border participation limits negative impacts on the internal energy market and can , under certain conditions , help member states achieve the union target and their respective national targets more cost - efficiently . cross - border participation is also the natural corollary to the development of the union renewables policy , with a union - level target to be achieved individually and collectively by the member states , which should bear the primary responsibility for reaching national binding targets on renewables by 2030 . it is therefore appropriate to require member states to progressively and partially open support to projects located in other member states , and define several ways in which such progressive opening may be implemented , ensuring compliance with the provisions of the treaty on the functioning of the european union , including articles 30 , 34 and 110 . member states should , however , prioritise untapping the full renewable energy potential at local level over opening support schemes to cross - border participation .


### without prejudice to adaptations of support schemes to bring them in line with state aid rules , renewables support policies should be stable and avoid frequent changes . such changes have a direct impact on capital financing costs , the costs of project development and therefore on the overall cost of deploying renewables in the union . member states should prevent the revision of any support granted to renewable energy projects from having a negative impact on their economic viability . in this context , member states should promote cost - effective support policies and ensure their financial sustainability . ### renewables support policies should be stable and avoid any retroactive policy changes . such changes have a direct impact on capital financing costs , the costs of project development and therefore on the overall cost of deploying renewables in the union . member states should ensure that the revision of any support granted to renewable energy projects does not have a negative impact on their economic viability and aims to improve the legal basis for union and national binding targets relating to this directive . in this context , member states should promote cost - effective support policies and ensure their financial sustainability as well as the maintenance of a stable and transparent policy framework , which is essential for the successful and efficient development and penetration of renewable energy options across the union . member states should also remove all measures that directly or indirectly favour the use of polluting sources , such as fossil fuel and nuclear energy .


### to create opportunities for reducing the cost of meeting the union target laid down in this directive and to give flexibility to member states to comply with their obligation not to go below their 2020 national targets after 2020 , it is appropriate both to facilitate the consumption in member states of energy produced from renewable sources in other member states , and to enable member states to count energy from renewable sources consumed in other member states towards their own renewable energy share . for this reason , cooperation mechanisms are required to complement the obligations to open up support to projects located in other member states . those mechanisms include statistical transfers , joint projects between member states or joint support schemes . ### to create opportunities for reducing the cost of meeting both union and national binding targets laid down in this directive and to give flexibility to member states to comply with their obligation not to go below their 2020 national targets after 2020 , it is appropriate both to facilitate the consumption in member states of energy produced from renewable sources in other member states , and to enable member states to count energy from renewable sources consumed in other member states towards their own renewable energy share . for this reason , cooperation mechanisms are required to complement the obligations to open up support to projects located in other member states . those mechanisms include statistical transfers , joint projects between member states or joint support schemes .


### it should be possible for imported electricity , produced from renewable energy sources outside the union to count towards member states’ renewable energy shares in order to guarantee an adequate effect of energy from renewable sources replacing conventional energy in the union as well as in third countries it is appropriate to ensure that such imports can be tracked and accounted for in a reliable way . agreements with third countries concerning the organisation of such trade in electricity from renewable energy sources will be considered . if , by virtue of a decision taken under the energy community treaty18 to that effect , the contracting parties to that treaty are bound by the relevant provisions of this directive , the measures of cooperation between member states provided for in this directive should be applicable to them . __________________ 18 oj l 198 , 20 . 7 . 2006 , p . 18 . ### it should be possible for imported electricity , produced from renewable energy sources outside the union to count towards member states’ renewable energy targets in order to guarantee an adequate effect of energy from renewable sources replacing conventional energy in the union as well as in third countries it is appropriate to ensure that such imports can be tracked and accounted for in a reliable way . agreements with third countries concerning the organisation of such trade in electricity from renewable energy sources will be considered . if , by virtue of a decision taken under the energy community treaty18 to that effect , the contracting parties to that treaty are bound by the relevant provisions of this directive , the measures of cooperation between member states provided for in this directive should be applicable to them . __________________ 18 oj l 198 , 20 . 7 . 2006 , p . 18 .


### the coherence between the objectives of this directive and the union ' s other environmental legislation should be ensured . in particular , during the assessment , planning or licensing procedures for renewable energy installations , member states should take account of all union environmental legislation and the contribution made by renewable energy sources towards meeting environmental and climate change objectives , in particular when compared to non - renewable energy installations . ### the coherence between the objectives of this directive and the union ' s other environmental legislation should be ensured . in particular , during the assessment , planning or licensing procedures for renewable energy installations , member states should ensure the correct application of all union environmental legislation with the view to strengthening the contribution made by renewable energy sources towards meeting environmental and climate change objectives , in particular when compared to non - renewable energy installations . member states should also ensure that renewable energy installations are realised and operated in a manner that fully complies with the protection of fundamental rights as enshrined in the charter of fundamental rights of the european union .


### with the growing importance of self - consumption of renewable electricity , there is a need for a definition of renewable self - consumers and a regulatory framework which would empower self - consumers to generate , store , consume and sell electricity without facing disproportionate burdens . collective self - consumption should be allowed in certain cases so that citizens living in apartments for example can benefit from consumer empowerment to the same extent as households in single family homes . ### with the growing importance of self - consumption of renewable electricity , there is a need for a definition of renewable self - consumers and a regulatory framework which would empower self - consumers to generate , store , consume and sell electricity without facing disproportionate burdens . collective self - consumption should be allowed for citizens living in apartments who for example can benefit from consumer empowerment to the same extent as households in single family homes .


### since the objectives of this directive , namely to achieve at least 27% share of energy from renewable sources in the union ' s gross final consumption of energy by 2030 , cannot be sufficiently achieved by the member states but can rather , by reason of the scale of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , namely to achieve at least 45 % share of energy from renewable sources in the union ' s gross final consumption of energy by 2030 , cannot be sufficiently achieved by the member states but can rather , by reason of the scale of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### member states ' respective contributions to this overall 2030 target shall be set and notified to the commission as part of their integrated national energy and climate plans in accordance with articles 3 to 5 and articles 9 to 11 of regulation [ governance ] . ### member states shall reach this overall 2030 target set at union level by meeting national binding targets on renewable energy . member states shall notify measures reflecting their national binding targets on renewable energy to the commission as part of their integrated national energy and climate plans in accordance with articles 3 to 5 and articles 9 to 11 of regulation . . . / . . . [ governance ] .


### subject to state aid rules , in order to reach the union target set in article 3 , member states may apply support schemes . support schemes for electricity from renewable sources shall be designed so as to avoid unnecessary distortions of electricity markets and ensure that producers take into account the supply and demand of electricity as well as possible grid constraints . ### in order to meet the union target set in article 3 , member states may apply support schemes . support schemes for electricity from renewable sources shall be designed primarily to help renewable self - consumers , renewable energy communities and to address energy poverty of low - income households as well as to incentivise producers to take into account the supply and demand of electricity as well as possible grid constraints . member states shall also avoid any retroactive change to renewable energy support schemes in order to ensure clear and fair legal conditions and the maintenance of a stable and transparent policy framework for the development of renewable energy projects . member states shall also remove support schemes and measures that directly or indirectly favour the use of polluting sources , such as fossil fuel and nuclear energy .


### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter . ### member states shall carry out an assessment of their sustainable potential of renewable energy sources which must include spatial analysis of areas suitable for low ecological risk deployment and the potential for the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter .


### member states shall facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point . ### member states shall facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which a legitimate request for repowering is submitted to the single administrative contact point .


### repowering shall be allowed following a notification to the single administrative contact point established in accordance with article 16 , where no significant negative environmental or social impact is expected . the single administrative contact point shall decide within six months of the receipt of the notification if this is sufficient . ### repowering shall be allowed following a notification to the single administrative contact point established in accordance with article 16 , where compliance with the environmental impact assessment directive , strategic environmental assessment directive and habitats directive requirements1a has been ensured , and where no significant negative environmental or social impact is expected . the single administrative contact point shall decide within six months of the receipt of the notification . _________________ 1a directive 2014 / 52 / eu amending directive 2011 / 92 / eu on the assessment of the effects of certain public and private projects on the environment , directive 2001 / 42 / ec on the assessment of the effects of certain plans and programmes on the environment and article 6 of directive 92 / 43 / eec on the conservation of natural habitats and of wild fauna and flora


### are entitled to carry out self - consumption and sell , including through power purchase agreements , their excess production of renewable electricity without being subject to disproportionate procedures and charges that are not cost - reflective ; ### are entitled to carry out self - consumption and sell , including through power purchase agreements , their excess production of renewable electricity without being subject to taxation , disproportionate procedures and charges , taking into duly account all benefits stemming from the decentralised production of renewable energy ;


### in a context of rapid and profound changes induced by technological revolution and globalisation , investing in learning mobility , cooperation and innovative policy development in the fields of education , training , youth and sport is key to building inclusive , cohesive and resilient societies and sustaining the competitiveness of the union , while contributing to strengthening european identity and to a more democratic union . ### in a context of rapid and profound changes induced by technological revolution and globalisation , investing in learning mobility , cooperation and innovative policy development in the fields of education , training , youth and sport is key to building inclusive , cohesive and resilient societies and sustaining the competitiveness of the union , while contributing to strengthening european identity , principles and values and to a more democratic union .


### the european pillar of social rights , solemnly proclaimed and signed on 17 november 2017 by the european parliament , the council and the commission , lays down , as its first key principle , that everyone has the right to quality and inclusive education , training and lifelong learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market . ### the european pillar of social rights , solemnly proclaimed and signed on 17 november 2017 by the european parliament , the council and the commission , lays down , as its first key principle , that everyone has the right to quality and inclusive education , training and lifelong learning in order to maintain and acquire skills and competences that enable them to participate fully in society and manage successfully transitions in the labour market .


### the programme should contribute to strengthening the union ' s innovation capacity notably by supporting mobility and cooperation activities that foster the development of competences in forward - looking study fields or disciplines such as science , technology , engineering and mathematics , climate change , the environment , clean energy , artificial intelligence , robotics , data analysis and arts / design , to help people develop knowledge , skills and competences needed for the future . ### the programme should contribute to strengthening the union ' s innovation capacity notably by supporting mobility and cooperation activities that foster the development of skills and competences in forward - looking study fields or disciplines such as science , technology , engineering and mathematics , climate change , the environment , clean energy , artificial intelligence , robotics , data analysis , arts / design , e - democracy and digital and media literacy , to help people develop knowledge , skills and competences needed for the future .


### the programme should reinforce existing learning mobility opportunities , notably in those sectors where the programme could have the biggest efficiency gains , to broaden its reach and meet the high unmet demand . this should be done notably by increasing and facilitating mobility activities for higher education students , school pupils and learners in vocational education and training . mobility of low - skilled adult learners should be embedded in partnerships for cooperation . mobility opportunities for youth participating in non - formal learning activities should also be extended to reach more young people . mobility of staff in education , training , youth and sport should also be reinforced , considering its leverage effect . in line with the vision of a true european education area , the programme should also boost mobility and exchanges and promote student participation in educational and cultural activities by supporting digitalisation of processes , such as the european student card . this initiative can be an important step in making mobility for all a reality first by enabling higher education institutions to send and receive more exchange students while still enhancing quality in student mobility and also by facilitating students ' access to various services before arriving at the institution abroad . ### the programme should reinforce existing learning mobility opportunities , notably in those sectors where the programme could have the biggest efficiency gains , to broaden its reach and meet the high unmet demand . this should be done notably by increasing and facilitating mobility activities for higher education students , school pupils and learners in vocational education and training . mobility of low - skilled adult learners should be embedded in partnerships for cooperation . mobility opportunities for youth participating in non - formal learning activities should also be extended to reach more young people , especially those with fewer opportunities . mobility of staff in education , training , youth and sport should also be strongly reinforced , with a focus on reskilling and upskilling opportunities , considering its leverage effect . in line with the vision of a true european education area , the programme should also boost mobility and exchanges and promote student participation in educational and cultural activities by supporting digitalisation of processes , such as the european student card . this initiative can be an important step in making mobility for all a reality first by enabling higher education institutions to send and receive more exchange students while still enhancing quality in student mobility and also by facilitating students ' access to various services before arriving at the institution abroad .


### to increase the use of virtual cooperation activities , the programme should support a more systematic use of the online platforms such as etwinning , the school education gateway , the electronic platform for adult learning in europe , the european youth portal and the online platform for higher education . ### to increase the use of virtual cooperation activities , the programme should support a more systematic use of the online platforms such as etwinning , the school education gateway , the electronic platform for adult learning in europe , the european youth portal and the online platform for higher education and make them more user - friendly and accessible to people with disabilities .


### the programme should contribute to facilitating transparency and recognition of skills and qualifications , as well as the transfer of credits or units of learning outcomes , to foster quality assurance and to support validation of non - formal and informal learning , skills management and guidance . in this regard , the programme should also provide support to contact points and networks at national and union level that facilitate cross - european exchanges as well as the development of flexible learning pathways between different fields of education , training and youth and across formal and non - formal settings . ### the programme should contribute to facilitating transparency and recognition of skills and qualifications , as well as the transfer of credits or units of learning outcomes , to foster quality assurance and to support validation of non - formal and informal learning , skills management and guidance . in this regard , the programme should also provide support to accessible contact points and networks at national and union level in order to provide information and assistance to prospective participants , thus facilitating cross - european exchanges as well as the development of flexible learning pathways between different fields of education , training and youth and across formal and non - formal settings .


### in compliance with the financial regulation , the commission should adopt work programmes and inform the european parliament and the council thereof . the work programme should set out the measures needed for their implementation in line with the general and specific objectives of the programme , the selection and award criteria for grants , as well as all other elements required . work programmes and any amendments to them should be adopted by implementing acts in accordance with the examination procedure . ### given that the programme is to be implemented over a seven - year period , it is necessary to provide for adequate flexibility in order to enable it to adapt to changing realities and political priorities within the field of education , training , youth and sport . therefore , this regulation does not define in detail how initiatives are to be designed and it does not prejudge political priorities or respective budgetary priorities for the next seven years . instead , the secondary policy choices and priorities , including details of specific initiatives , should be determined by means of work programmes in compliance with the financial regulation . the work programme should also set out the measures needed for implementation in line with the general and specific objectives of the programme , the selection and award criteria for grants , as well as all other elements required . work programmes and any amendments to them should be adopted by means of a delegated act . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### in order to simplify requirements for beneficiaries , simplified grants in the form of lump - sums , unit - costs and flat - rate funding should be used to the maximum possible extent . the simplified grants to support the mobility actions of the programme , as defined by the commission , should take into account the living and subsistence costs of the host country . the commission and national agencies of the sending countries should have the possibility to adjust these simplified grants on the basis of objective criteria , in particular to ensure access to people with fewer opportunities . in accordance with national law , member states should also be encouraged to exempt those grants from any taxes and social levies . the same exemption should apply to public or private entities awarding such financial support to the individuals concerned . ### in order to simplify requirements for beneficiaries , simplified grants in the form of lump - sums , unit - costs and flat - rate funding should be used to the maximum possible extent . the simplified grants to support the mobility actions of the programme , as defined by the commission , should take into account the living and subsistence costs of the host country . the commission and national agencies of the sending countries should have the possibility to adjust these simplified grants on the basis of objective criteria , in particular to ensure access to people with fewer opportunities . in view of this , grants should cover at least 70% of the eligible costs incurred by people with fewer opportunities as a result of participating in the programme . in accordance with national law , member states should also be encouraged to exempt those grants from any taxes and social levies . the same exemption should apply to public or private entities awarding such financial support to the individuals concerned .