### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to prevent direct as well as indirect discrimination : by indirect discrimination it is understood the application of distinguishing criteria other the customer ' s nationality , place of residence or place of establishment which lead either deterministically or statistically to the same result as the direct application of those same criteria . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language chosen for placing an order or even for operating the electronic device from which the order is placed , or the member state where the customer ' s payment instrument has been issued .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such anticompetitive discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full development potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place administrative , procedural and conceptual obstacles inconsistent with the principles and goals of the internal market freedoms . such obstacles risk in particular to hamper the possibility to freely and easily disseminate , and access , culture and knowledge within the internal market . that occurs where traders operating in one member state , or agents acting on their behalf , block or otherwise limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications in exceptional cases for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . as a result , customers feel frustrated , since they become aware that the guarantees of the internal market already regularly applied for physical transactions are not always respected in the online environment . this can become in turn highly detrimental for the proper development of the digital single market ; as a consequence , the whole european economy , including the cultural sector , cannot&#160 ; grasp the full&#160 ; opportunities offered by the promise of a single market .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### each member state shall designate a public body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the public body or bodies designated in order to enforce compliance with this regulation .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively preventing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , and of providing effective means of redress to those customers who would consider themselves affected by it , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices but not limited to them , traders or any other parties acting on their behalf should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , web - surfing history and / or patterns , gsm tracking or localisation , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### recent experience has shown that reliance on voluntary offers of mutual assistance , coordinated and facilitated by the union mechanism , does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner , nor that the environment and property are properly safeguarded . this is particularly so where member states are simultaneously affected by recurrent disasters and collective capacity is insufficient . ### recent experience has shown that reliance on voluntary offers of mutual assistance , coordinated and facilitated by the union mechanism , does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner , nor that the environment and property are properly safeguarded . this is particularly so where member states are simultaneously affected by recurrent disasters and collective capacity is insufficient . member states should undertake adequate preventive actions in terms of preserving the sufficient amount of national capacities to properly deal with disasters .


### there is a need to simplify union mechanism procedures to ensure that member states can access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly as possible . ### there is a need to simplify , streamline and increase the flexibility of the union mechanism procedures to ensure that member states can quickly access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly and efficiently as possible .


### develop risk assessments at national or appropriate sub - national level and make them available to the commission by 22 december 2018 and every three years thereafter ; ### develop risk assessments at national or appropriate sub - national level in consultation with relevant local and regional authorities and aligned with the sendai framework for disaster risk reduction and make them available to the commission by 22 december 2018 and every three years thereafter ;


### in order to strengthen efficiency and effectiveness of training and exercises and enhance co - operation between member states ' national civil protection authorities and services it is necessary to establish a union civil protection knowledge network that is based on existing structures . ### in order to strengthen efficiency and effectiveness of training and exercises and enhance co - operation between member states ' national civil protection authorities and services it is necessary to establish a union civil protection knowledge network that is based on existing structures with the involvement of and the exchange of information with centres of excellence , universities , researchers ;


### there is a need to simplify union mechanism procedures to ensure that member states can access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly as possible . ### there is a need to simplify , streamline and increase the flexibility of the union mechanism procedures to ensure that member states can access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly and as efficiently as possible .


### ' 3 . member states shall ensure that producers or third parties acting on their behalf set up systems to provide for the recovery of weee using best available techniques . the systems may be set up by producers individually or collectively . member states shall ensure that any establishment or undertaking carrying out collection or treatment operations stores and treats weee in compliance with the technical requirements set out in annex viii . ' ### article 8 of directive 2012 / 19 / eu is replaced by the following : ' 3 . member states shall ensure that producers or third parties acting on their behalf set up systems to provide for the recovery of weee using best available techniques , and that they provide efficient information for recovery to establishment or undertaking carrying out treatment operations . the systems may be set up by producers individually or collectively . member states shall ensure that any establishment or undertaking carrying out collection or treatment operations stores and treats weee in compliance with the technical requirements set out in annex viii . '


### ' member states shall , without prejudice to the requirements of union legislation on the proper functioning of the internal market and on product design , including directive 2009 / 125 / ec , encourage cooperation between producers and recyclers and measures to promote the design and production of eee , notably in view of facilitating re - use , dismantling and recovery of weee , its components and materials . in this context , member states shall take appropriate measures so that the ecodesign requirements facilitating re - use and treatment of weee established in the framework of directive 2009 / 125 / ec are applied and producers do not prevent , through specific design features or manufacturing processes , weee from being re - used , unless such specific design features or manufacturing processes present overriding advantages , for example , with regard to the protection of the environment and / or safety requirements . ' ### article 4 of directive 2012 / 19 / eu is replaced by the following : ' member states shall , without prejudice to the requirements of union legislation on the proper functioning of the internal market and on product design , including directive 2009 / 125 / ec , encourage cooperation between producers , repairers and recyclers and measures to promote the design and production of eee , notably in view of facilitating repair , re - use , dismantling and recovery of weee , its components and materials . in this context , member states shall take appropriate measures so that the ecodesign requirements facilitating re - use and treatment of weee established in the framework of directive 2009 / 125 / ec are applied and producers do not prevent , through specific design features or manufacturing processes , weee from being repaired and re - used , unless such specific design features or manufacturing processes present overriding advantages , for example , with regard to the protection of the environment and / or safety requirements . '


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply technological measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless to ensure the security of the networks and databases where the works or other subject - matter are hosted .


### takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff ; ### takes place on the premises of an educational establishment or other education venue , such as cultural heritage institutions , or research organisations or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff , or registered members of the cultural heritage institution involved in informal education ;


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive for reproductions and extractions in order to carry out text and data mining of works or other subject - matter to which persons have lawful access .


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### member states shall encourage rightholders to make technological measures that might impact upon use of the exception provided for in paragraph 1 transparent to the public .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . alongside uneven application in member states , the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in all teaching activities , including online and across borders .


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


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where users have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions , research organisations , and educational establishments to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made in order to carry out text and data mining of works or other subject - matter to which they have lawful access .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where users have lawful access to content , for example through access to the internet or subscriptions to publications , the terms of the licences may exclude text and data mining . as both business and research are increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position globally will suffer unless steps are taken to address the legal uncertainty for text and data mining .


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


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow citizens , businesses , researchers , journalists and any member of society who has access to the internet , to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit citizen science , businesses , the research community , journalism and other sectors of society and the economy and in so doing encourage innovation , growth and jobs . however , in the union , all organisations and individuals are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception should cover all uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities , the scientific research and private study . the exception should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching or scientific research , as well as private study .


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec , article 4 of directive 2009 / 24 / ec&#160 ; and article 11 of this directive in order to allow for the&#160 ; use of works and other subject - matter for the sole purpose of illustration for teaching or scientific research , to the extent justified by the non - commercial purpose to be achieved , provided that the use :


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


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


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 11 of this directive and article 4 of directive 2009 / 24 / ec in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching or scientific research , including private study , to the extent justified by the non - commercial purpose to be achieved , provided that the use is accompanied by the indication of the source , including the author ' s name , unless this turns out to be impossible .


### pursuing the achievement of the union ' s objectives and targets set by environmental , climate and related clean energy legislation , policy , plans and international commitments , the programme should contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , either through direct interventions or by supporting the integration of those objectives in other policies . ### pursuing the achievement of the union ' s objectives and targets set by environmental , climate and related clean energy legislation , policy , plans and international commitments , the programme should contribute to adaptation to impacts of climate change , to the shift towards a clean , circular , energy - efficient economy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , either through direct interventions or by supporting the integration of those objectives in other policies .


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind . ### programmes and actions under this regulation shall mainstream climate change , environmental protection , education and culture , and gender equality and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind .


### promoting inclusive and equitable quality formal , informal and non - formal education for all , at all levels and including technical and vocational training , including in emergency and crisis situations , and including through the use of digital technologies to improve education teaching and learning ; ### ensuring inclusive and equitable quality formal , informal and non - formal education and promote life - long learning opportunities for all , at all levels and including technical and vocational training , including in emergency and crisis situations , and including through the use of digital technologies to improve education teaching and learning ;


### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annexes i to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products ### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annex i , part i and annexes ii to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products


### - lead 150 mg / kg dry matter . ### - lead 20 mg / kg dry matter .


### - lead 120 mg / kg dry matter , and ### - lead 20 mg / kg dry matter , and


### where the ce marked fertilising product has a total phosphorus content of less than 5 % phosphorus pentoxide - equivalent by mass : 3 mg / kg dry matter , or ### where the ce marked fertilising product has a total phosphorus content of 100 mg / kg dry matter


### contaminants in ce marked fertilising products , such as cadmium , can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain . their content should therefore be limited in such products . furthermore , impurities in ce marked fertilising products derived from bio - waste , in particular polymers but also metal and glass , should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio - waste before processing . ### contaminants in ce marked fertilising products , such as cadmium , pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain . their content should therefore be limited in such products . furthermore , impurities in ce marked fertilising products derived from bio - waste , in particular polymers but also metal and glass , should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio - waste before processing .


### lead 120 mg / kg dry matter . ### lead 20 mg / kg dry matter .


### an inorganic fertiliser shall be a fertiliser other than an organic or organo - mineral fertiliser . ### a mineral fertiliser shall be a fertiliser containing nutrients in a mineral form or processed into a mineral form from animal or plant origin . urea and its condensation and association products shall be considered as containing nutrients in a mineral form .


### ' 34 . ' plant biostimulant ' means a product stimulating plant nutrition processes independently of the product ' s nutrient content with the sole aim of improving one or more of the following characteristics of the plant : ### ' 34 . ' plant biostimulant ' means any naturally occurring substance or microorganism stimulating plant nutrition processes independently of its nutrient content , or any combination of such substances and / or microorganisms , with the sole aim of improving one or more of the following characteristics of the plant :


### lead 150 mg / kg dry matter , ### lead 20 mg / kg dry matter ,


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic and biotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### - hexavalent chromium 2 mg / kg dry matter , ### - hexavalent chromium 1 mg / kg dry matter ,


### the limit values should be revised when necessary in the light of scientific data . ### the limit values should be revised when necessary in the light of scientific data . it is also necessary to obtain full epidemiological data on the incidence of cancer and the mortality rate from it , and corresponding data for all diseases and conditions correlated with exposure to carcinogens or mutagens among workers in the various sectors of industry for the past three decades .


### where appropriate , indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission . ### indirect eligible costs beyond the flat rate of 25% may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### actions as referred to in paragraph 3 shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least three member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other .


### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms . ### the general objective of the fund is to foster the competitiveness , efficiency , inclusiveness and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout europe , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy thanks to the development of more advanced military capacity . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological , industrial and defence terms .


### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information demonstrating notably that : ### by derogation from paragraph 1 , an applicant or a subcontractor involved in the action established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may constitute an eligible entity for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security and defence interests of the union and its member states , or the objective set out in article 3 . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information or guarantees approved by the member state , in which the applicant is located , substantiating notably that :


### in order to adapt this directive to the technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to supplement it by defining the smartness indicator and enabling its implementation . the smartness indicator should be used to measure buildings’ capacity to use ict and electronic systems to optimise operation and interact with the grid . the smartness indicator will raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and will give confidence to the occupant about the actual savings of these new enhanced - functionalities . ### in order to adapt this directive to the technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to supplement it by defining the smartness indicator and enabling its implementation . the smartness indicator should be coherent with the energy performance certificates and should be used to measure buildings’ adaptability in terms of energy needs time profile and to measure the capacity to use ict and electronic systems to optimise operation , interact with the grid and heighten the use of on - site renewable technologies for both power and heating . the smartness indicator will raise awareness amongst building owners and occupants of the value behind flexibility of energy needs , building automation and electronic monitoring of passive elements and technical building systems and will give confidence to the occupant about the actual savings of these new enhanced - functionalities .


### to ensure their best use in building renovation , financial measures related to energy efficiency should be linked to the depth of the renovation , which should be assessed by comparing energy performance certificates issued before and after the renovation . ### financial instruments should address the reduction of energy needs and uses and the provision of renewable energy on the building or nearby for self consumption . to ensure their best use in building renovation , financial measures related to energy efficiency should be linked to the depth of the renovation , which shall be assessed by comparing enhanced energy performance before and after renovation , on the basis of actual verifiable energy consumption data .


### with effective control functionalities to ensure optimum generation , distribution and use of energy . ; ### with effective control functionalities to ensure optimum generation , distribution , storage and use of energy , including individual room temperature and dynamic hydraulic balancing functionalities .


### ‘ 6 . member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . these savings shall be determined by comparing energy performance certificates issued before and after renovation . ’ ; ### ‘ 6 . member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the reduction in energy needs achieved due to such renovations . the energy savings achieved shall be made visible inter alia by comparing enhanced energy performance before and after renovation , based on actual verifiable energy consumption data . financial measures and policies shall always have in mind the goal of a nearly zero - energy building stock by 2050 . ’


### ‘ 2 . the energy needs for space heating , space cooling , domestic hot water and adequate ventilation shall be calculated in order to ensure minimum health and comfort levels defined by member states . ### ‘ 2 . the energy performance of a building shall be determined by calculating the energy needs for space heating , space cooling and hot water and the energy use for lighting and ventilation with a methodology in accordance with commission delegated regulation 2012 / 244 / eu of 16 january 2012 . the energy needs shall be calculated in order to ensure minimum health , indoor comfort and air quality levels that shall be defined by member states at national or regional level .


### in article 19 , ‘ 2017’ is replaced by ‘ 2028’ ; ### in article 19 , ‘ 2017’ is replaced by ‘ 2024’ ;


### ‘ technical building system’ means technical equipment for space heating , space cooling , ventilation , domestic hot water , built - in lighting , building automation and control , on - site electricity generation , on - site infrastructure for electro - mobility , or a combination of such systems , including those using energy from renewable sources , of a building or building unit ; ; ### ‘ technical building system’ means technical equipment for space heating , space cooling , ventilation , domestic hot water , built - in lighting systems , building automation and control , data transmission and storage , on - site electricity generation and storage , on - site infrastructure for electro - mobility , or a combination of such systems , including those using energy from renewable sources and considering the structural thermal energy storage , of a building or building unit ;


### ‘ technical building system’ means technical equipment for space heating , space cooling , ventilation , domestic hot water , built - in lighting , building automation and control , on - site electricity generation , on - site infrastructure for electro - mobility , or a combination of such systems , including those using energy from renewable sources , of a building or building unit ; ; ### ‘ technical building system’ means technical equipment for space heating , space cooling , ventilation , domestic hot water , built - in lighting , building automation and control , solar shading , on - site electricity generation , on - site infrastructure for electro - mobility , or a combination of such systems , including those using energy from renewable sources , of a building or building unit ;


### ‘ 2 . the energy needs for space heating , space cooling , domestic hot water and adequate ventilation shall be calculated in order to ensure minimum health and comfort levels defined by member states . ### ‘ 2 . the energy needs for space heating , space cooling , domestic hot water , lighting and ventilation shall be calculated in order to maximise health , indoor air quality and comfort levels defined by member states at national or regional level .


### the smartness indicator shall cover flexibility features , enhanced functionalities and capabilities resulting from more interconnected and built - in intelligent devices being integrated into the conventional technical building systems . the features shall enhance the ability of occupants and the building itself to react to comfort or operational requirements , take part in demand response and contribute to the optimum , smooth and safe operation of the various energy systems and district infrastructures to which the building is connected . ; ### the smartness indicator shall be voluntary and when introduced shall cover enhanced energy savings , benchmarking and flexibility features , enhanced functionalities and capabilities resulting from more interconnected and built - in intelligent devices being integrated into the conventional technical building systems . the features shall enhance the ability of occupants and the building itself , including by availing of structural energy storage , to react to comfort or operational requirements , to take part in demand response also optimizing renewable energy generated on - site , to report energy consumption and indoor air quality conditions and contribute to the optimum , smooth and safe operation of the various energy systems and district infrastructures to which the building is connected .


### member states shall describe their national calculation methodology following the national annex framework of related european standards developed under mandate m / 480 given by the european commission to the european committee for standardisation . ; ### when describing their national calculation methodology , member states shall follow terminology and definitions contained in the national annex framework of related european standards developed under mandate m / 480 given by the european commission to the european committee for standardisation and include a translation table connecting one to one the national terms and ones of m / 480 .


### ‘ 1 . member states shall lay down the necessary measures to establish a regular inspection of the accessible parts of systems used for heating buildings , such as the heat generator , control system and circulation pump for non - residential buildings with total primary energy use of over 250mwh and for residential buildings with a centralised technical building system of a cumulated effective rated output of over 100 kw . that inspection shall include an assessment of the boiler efficiency and the boiler sizing compared with the heating requirements of the building . the assessment of the boiler sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime . ’ ; ### ‘ 1 . member states shall lay down the necessary measures to establish a regular inspection of the accessible parts of systems used for heating buildings , such as the heat generator , control system and circulation pump for non - residential buildings with total primary energy use of over 250mwh and for residential buildings with a centralised technical building system of a cumulated effective rated output of over 100 kw or an individual heater of an effective rated output of over 20 kw . that inspection shall include an assessment of the boiler efficiency and the boiler sizing compared with the heating requirements of the building . the assessment of the boiler sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime . ’ ;


### notably for large installations , building automation and electronic monitoring of technical building systems have proven to be an effective replacement for inspections . the installation of such equipment should be considered as the most cost - effective alternative to inspections in large non - residential and multifamily buildings of a sufficient size that allow a payback of less than three years . the current possibility to opt for alternative measures is therefore deleted . for small scale installations , the documentation of the system performance by installers and the registration of this information in the databases on energy performance certification will support the verification of compliance with the minimum requirements set for all technical building systems and reinforce energy performance certificates role . in addition , existing regular safety inspections and programmed maintenance work will remain an opportunity to provide direct advice on energy efficiency improvements . ### notably for large installations , building automation and electronic monitoring of passive elements and technical building systems have proven to be an effective replacement for inspections . the installation of such equipment should be considered as the most cost - effective alternative to inspections in large non - residential and multifamily buildings of a sufficient size that allow a payback of less than three years . the current possibility to opt for alternative measures is therefore deleted . for small scale installations , the documentation of the system performance by installers and the registration of this information in the databases on energy performance certification will support the verification of compliance with the minimum requirements set for all technical building systems and reinforce energy performance certificates role . in addition , existing regular safety inspections and programmed maintenance work will remain an opportunity to provide direct advice on energy efficiency improvements .


### innovation and new technology also make it possible for buildings to support the overall decarbonisation of the economy . for example , buildings can leverage the development of the infrastructure necessary for the smart charging of electric vehicles also provide a basis for member states , if they choose to , to use car batteries as a source of power . to reflect this aim , the definition of technical building systems should be extended . ### innovation and new technology also make it possible for buildings to support the overall decarbonisation of the economy . for example , buildings can leverage the development of the infrastructure necessary for increasing the use of bicycles and for the deployment of the smart charging of electric vehicles also to provide a basis for member states , if they choose to , to use car batteries as a source of power and as a tool for grid balancing , while ensuring that walking and cycling infrastructure , and its connection to public transport , and electric vehicles infrastructure are integrated in urban planning efforts in member states . to reflect this aim , the definition of technical building systems should be extended .


### ‘ technical building system’ means technical equipment for space heating , space cooling , ventilation , domestic hot water , built - in lighting , building automation and control , on - site electricity generation , on - site infrastructure for electro - mobility , or a combination of such systems , including those using energy from renewable sources , of a building or building unit ; ### ‘ technical building system’ means technical equipment for space heating , space cooling , ventilation , domestic hot water , built - in internal and external lighting , mechanical elevators and escalators , building automation and control , on - site electricity generation and storage , on - site infrastructure for electro - mobility , or a combination of such systems , including those using energy from renewable sources , of a building or building unit ;


### member states shall in particular provide information to the owners or tenants of buildings on energy performance certificates , their purpose and objectives , on cost - effective ways to improve the energy performance of the building and , where appropriate , on financial instruments available to improve the energy performance of the building . ; ### member states shall in particular provide energy advisory services to owners , tenants and managers on ways to improve the energy performance of the building and on relevant financial instruments available , all with the objective of attaining a nearly zero - energy building standard ; to do so , member states shall set up dedicated local or regional one - stop - shops for consumers and other key stakeholders , covering the whole customer journey from information , technical assistance , structuring and provision of financial support , to the monitoring of savings ;


### the calculation of primary energy shall be based on primary energy factors per energy carrier , which may be based on national or regional annual weighted averages or on more specific information made available for individual district system . ### when calculating the numeric indicator of primary energy use , member states may use : the calculation of primary energy based on primary energy factors per energy carrier and source , which may be based on national or regional annual weighted averages . the maximum use of primary energy and the percentage of renewable primary energy produced on site and used by the building over primary energy use shall be established by member states when defining minimum ; or the calculation of non renewable primary energy , done on monthly basis and based on primary energy factors per energy carrier ; excess energy produced on - site or nearby and sold to the grid in a specific month , cannot be used to compensate for excess demand in a different month . the limit value of non renewable primary energy in kwh / m2per yearor per inhabitant and per year shall be established by member states when defining minimum requirements .


### to nurture talents and skills and to stimulate collaboration , and innovation in the creation and production of european audiovisual works ; ### to nurture talents and skills and to stimulate collaboration , and innovation in the creation and production of european audiovisual works , in particular by supporting independent production companies ;


### to promote cross cutting activities covering several sectors aiming at adjusting to the structural changes faced by the media sector , including enhancing a free , diverse , and pluralistic media environment , quality journalism and media literacy ; ### to promote cross cutting activities covering several sectors aiming at adjusting to the structural changes faced by the media and cultural sector , including enhancing a free , diverse , quality and pluralistic media , artistic and cultural environment and quality and independent journalism ; ;


### the programme should take into account the dual nature of the cultural and creative sectors , recognising , on the one hand , the intrinsic and artistic value of culture and , on the other , the economic value of those sectors , including their broader contribution to growth and competitiveness , creativity and innovation . this requires strong european cultural and creative sectors , in particular a vibrant european audiovisual industry , taking into account its capacity to reach large audiences and its economic importance , including for other creative sectors as well as cultural tourism . however , competition in global audiovisual markets has been further intensified by the deepening digital disruption e . g . changes in media production , consumption and the growing position of global platforms in the distribution of content . therefore , there is a need to step - up the support to the european industry . ### the programme should take into account the multiple nature of the cultural and creative sectors , recognising the intrinsic and artistic value of culture as well as the social and economic value of those sectors , including their broader contribution to intercultural dialogue , social cohesion , prosperity and competitiveness , creativity and innovation . this requires strong european cultural and creative sectors , in particular a vibrant european audiovisual industry , taking into account its capacity to reach large audiences at local , national and european level and its economic importance , including for other creative sectors as well as sustainable cultural tourism , in particular regarding local value chains . however , competition in global audiovisual markets has been further intensified by the deepening digital disruption e . g . changes in media production , consumption and the growing position of global platforms in the distribution of content . therefore , there is a need to step - up the support to the european industry , notably smes .


### support to architecture and cultural heritage sectors : targeted actions for the mobility of operators , capacity - building , audience development and internationalization of the cultural heritage and architecture sectors , promotion of baukultur , support to the safeguarding , conservation and enhancement of cultural heritage and its values through awareness - raising , networking and peer - to - peer learning activities ; ### support to architecture , past and present , and tangible and intangible cultural heritage sectors : targeted actions for the mobility of operators , capacity - building , audience development and internationalization of the cultural heritage and architecture sectors , promotion of baukultur , support to the safeguarding , conservation and enhancement of tangible and intangible cultural heritage and its values through awareness - raising , networking and peer - to - peer learning activities ;


### since its creation , the european union youth orchestra has developed a unique expertise in promoting intercultural dialogue , mutual respect and understanding through culture . the particularity of the european union youth orchestra lies in the fact that it is a european orchestra that transcends cultural boundaries and is composed of young musicians selected in accordance with demanding artistic criteria through a rigorous annual audition process in all member states . therefore , it should be eligible for direct union support . ### since its creation , the european union youth orchestra has developed a unique expertise in promoting intercultural dialogue , mutual respect and understanding through culture as well as in reinforcing professionalism of its young musicians , providing them with the skills necessary for a career in the cultural and creative sector . the uniqueness of the european union youth orchestra lies in the fact that it is a european orchestra that transcends cultural boundaries and is composed of young musicians selected in accordance with demanding artistic criteria through a rigorous and transparent annual audition process in all member states . therefore , it should exceptionally be eligible for direct union support .


### culture , cultural heritage and cultural diversity are of great value to european society from a cultural , environmental , social and economic point of view and should be promoted and supported . the rome declaration of 25 march 2017 as well as the european council in december 2017 stated that education and culture are key to building inclusive and cohesive societies for all , and to sustaining european competitiveness . ### culture , arts , cultural heritage , cultural diversity and the cultural ecosystem as a whole are of great value to european society from a cultural , educational , environmental , social and economic point of view and should be promoted and supported . the rome declaration of 25 march 2017 as well as the european council in december 2017 stated that education and culture are key to building inclusive and cohesive societies for all , and to sustaining european competitiveness .


### artistic freedom is at the core of vibrant cultural and creative industries , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote a pluralistic media environment . ### freedom of artistic and cultural expression is at the core of vibrant cultural and creative sectors , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote a pluralistic and independent media environment .


### to promote societal resilience and social inclusion through culture and cultural heritage ; ### to promote societal resilience , social inclusion and intercultural dialogue through culture and cultural heritage ;


### the commission communication on a new european agenda for culture15 further sets out the objectives of the union for the cultural and creative sectors . it aims to harness the power of culture and cultural diversity for social cohesion and societal well - being , fostering the cross - border dimension of cultural and creative sectors , supporting their capacity to grow , encouraging culture - based creativity in education and innovation , and for jobs and growth as well as strengthening international cultural relations . creative europe , together with other union programmes , should support the implementation of this new european agenda for culture . this is also in line with the 2005 unesco convention for the protection and promotion of the diversity of cultural expressions , which entered into force on 18 march 2007 and to which the union is a party . __________________ 15 com 267 final . ### the commission communication on a new european agenda for culture15 further sets out the objectives of the union for the cultural and creative sectors . it aims to harness the power of culture and cultural diversity for social cohesion and societal well - being , fostering the cross - border dimension of cultural and creative sectors , supporting their capacity to grow , encouraging culture - based creativity in education and innovation , and for jobs and prosperity as well as strengthening international cultural relations . creative europe , together with other union programmes , should support the implementation of this new european agenda for culture . this is also in line with the 2005 unesco convention for the protection and promotion of the diversity of cultural expressions , which entered into force on 18 march 2007 and to which the union is a party . __________________ 15 com 267 final .


### artistic freedom is at the core of vibrant cultural and creative industries , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote a pluralistic media environment . ### artistic freedom , freedom of expression and pluralism are a prerequisite for vibrant cultural and creative sectors , including the news media sector . the programme should promote cross - overs and collaboration between all creative sectors and promote a free and pluralistic media environment .


### since its creation , the european film academy has developed a unique expertise and is in a unique position to create a pan - european community of film creators and professionals , promoting and disseminating european films beyond their national borders and developing truly european audiences . therefore , it should be eligible for direct union support . ### since its creation , the european film academy has developed a unique expertise and is in a unique position to create a pan - european community of film creators and professionals , promoting and disseminating european films beyond their national borders and developing truly european audiences as well as providing training courses and sharing best practices . therefore , it should exceptionally be eligible for direct union support .


### promote the programme at national level and provide information on the various types of financial support available under union policy ; ### promote the programme at national level and provide prospective participants with technical assistance and information on the programme and on the various types of financial support available under union policy ;


### these priorities shall be addressed through support to the creation , promotion , access , and dissemination of european works with the potential to reach large audiences within europe and beyond , thereby adapting to new market developments and accompanying the audiovisual media services directive . ### these priorities shall be addressed through support to the creation , promotion , access , and dissemination of european works , in particular independent productions , within europe and beyond , thereby adapting to new market developments and accompanying the audiovisual media services directive .


### support to architecture and cultural heritage sectors : targeted actions for the mobility of operators , capacity - building , audience development and internationalization of the cultural heritage and architecture sectors , promotion of baukultur , support to the safeguarding , conservation and enhancement of cultural heritage and its values through awareness - raising , networking and peer - to - peer learning activities ; ### support to architecture and cultural heritage sectors : targeted actions for the mobility of operators , capacity - building , audience development and internationalization of the cultural heritage and architecture sectors , promotion of baukultur , support to the safeguarding , conservation , dissemination and enhancement of tangible and intangible cultural heritage and its values through digitisation , awareness - raising , networking and peer - to - peer learning activities ;


### support to the music sector : promoting diversity , creativity and innovation in the field of music , in particular the distribution of musical repertoire in europe and beyond , training actions and audience development for european repertoire , as well as support for data gathering and analysis ; ### support to the music sector : promoting diversity , creativity and innovation in the field of music , in particular the mobility , production and live performances of emerging musicians and the distribution of musical repertoire in europe and beyond , training actions , audience development for european repertoire , the promotion of european works at industry events and fairs in europe and beyond , as well as support for data gathering and analysis ;


### production of innovative tv content and serial storytelling ; ### production of innovative tv content and serial storytelling , in particular by supporting independent production companies ;


### to set up and support programme desks to promote , the programme in their country and to stimulate cross - border cooperation within the cultural and creative sectors . ### to set up and support programme desks to promote the programme in their country , provide assistance to prospective participants , especially smes , and to stimulate cross - border cooperation and exchange of best practices within the cultural and creative sectors .


### the promotion of european cultural diversity depends on the existence of flourishing and resilient cultural and creative sectors , able to create , produce and distribute their works to a large and diverse european audience . this thereby enlarges their business potential and contributes to sustainable growth and jobs creation . in addition , promotion of creativity contributes to boosting competitiveness and sparkling innovation in the industrial value chains . in spite of recent progress , the european cultural and creative market continues to be fragmented along national and linguistic lines , which do not allow the cultural and creative sectors to fully benefit from the european single market and the digital single market in particular . ### the promotion of european cultural diversity depends on the freedom of cultural and artistic expression , on an appropriate public support , on fair contractual conditions of artists and cultural operators and on the existence of flourishing and resilient cultural and creative sectors , able to innovate , create , produce and distribute their works to a large and diverse european audience . this thereby increases access to and creation of creative content and knowledge as well as contributes to prosperity , jobs creation , while boosting competitiveness and sparkling innovation in the industrial value chains . in spite of recent progress , the european cultural and creative market continues to be fragmented along national and linguistic lines , which do not allow the cultural and creative sectors to fully benefit from the european single market and the digital single market in particular .


### to increase cultural participation across europe ; ### to increase cultural participation and audience engagement across europe , especially with regards to people with disabilities and from disadvantaged backgrounds as well as living in rural and remote areas ;


### to enhance the capacity of european cultural and creative sectors to prosper and to generate jobs and growth ; ### to enhance the capacity of european cultural and creative sectors to prosper , innovate and to generate jobs , knowledge and skills ;


### initiatives promoting audience development and film education addressing in particular young audiences ; ### initiatives promoting audience development , especially in cinemas , and film education addressing in particular young audiences ;


### the programme should take into account the dual nature of the cultural and creative sectors , recognising , on the one hand , the intrinsic and artistic value of culture and , on the other , the economic value of those sectors , including their broader contribution to growth and competitiveness , creativity and innovation . this requires strong european cultural and creative sectors , in particular a vibrant european audiovisual industry , taking into account its capacity to reach large audiences and its economic importance , including for other creative sectors as well as cultural tourism . however , competition in global audiovisual markets has been further intensified by the deepening digital disruption e . g . changes in media production , consumption and the growing position of global platforms in the distribution of content . therefore , there is a need to step - up the support to the european industry . ### the programme should take into account the multiple nature of the cultural and creative sectors , recognising , on the one hand , the intrinsic and artistic value of culture and , on the other , the social and economic value of those sectors , including their broader contribution to intercultural dialogue , social cohesion , growth and competitiveness , creativity and innovation . this requires strong european cultural and creative sectors , in particular a vibrant european audiovisual industry , taking into account its capacity to reach large audiences and its economic importance , including for other creative sectors as well as cultural tourism . however , competition in global audiovisual markets has been further intensified by the deepening digital disruption e . g . changes in media production , consumption and the growing position of global platforms in the distribution of content . therefore , there is a need to step - up the support to the european industry


### stimulate cross border cooperation between professionals , institutions , platforms and networks within and across the policy areas and sectors covered by the programme ; ### stimulate cross border cooperation and exchange of best practices between professionals , institutions , platforms and networks within and across the policy areas and sectors covered by the programme ;


### promoting policy cooperation and innovative actions supporting all strands of the programme , including the promotion of a diverse and pluralistic media environment , media literacy and social inclusion . ### promoting policy cooperation and innovative actions supporting all strands of the programme , including the promotion of an independent , diverse and pluralistic media environment , media literacy and social inclusion .


### promoting the competitiveness and scalability of the european audiovisual industry ; ### promoting the competitiveness , innovation , distribution and scalability of the european audiovisual industry , notably smes and independent productions ;


### the european union youth orchestra . ### the european union youth orchestra for activities that provide regular training for young musicians and offer performance opportunities in festivals and tours within the union and at international level .


### development of audiovisual works ; ### development of audiovisual works , including quality projects aimed at a children ' s ' audience , in particular by supporting independent production companies ;


### to set up and support programme desks to promote , the programme in their country and to stimulate cross - border cooperation within the cultural and creative sectors . ### to set up and support active involvement of programme desks to promote the programme in their country , including through network activities on the ground , and to stimulate cross - border cooperation within the cultural and creative sectors .


### since its creation , the european union youth orchestra has developed a unique expertise in promoting intercultural dialogue , mutual respect and understanding through culture . the particularity of the european union youth orchestra lies in the fact that it is a european orchestra that transcends cultural boundaries and is composed of young musicians selected in accordance with demanding artistic criteria through a rigorous annual audition process in all member states . therefore , it should be eligible for direct union support . ### since its creation , the european union youth orchestra has developed a unique expertise in promoting intercultural dialogue , mutual respect and understanding through culture as well as in reinforcing professionalism of its young musicians , providing them with the skills necessary for a career in the cultural and creative sector . the uniqueness of the european union youth orchestra lies in the fact that it is a european orchestra that transcends cultural boundaries and is composed of young musicians selected in accordance with demanding artistic criteria through a rigorous and transparent annual audition process in all member states . therefore , it should exceptionally be eligible for direct union support .


### since its creation , the european film academy has developed a unique expertise and is in a unique position to create a pan - european community of film creators and professionals , promoting and disseminating european films beyond their national borders and developing truly european audiences . therefore , it should be eligible for direct union support . ### since its creation , the european film academy has developed a unique expertise and is in a unique position to create a pan - european community of film creators and professionals , promoting and disseminating european films beyond their national borders and developing truly european audiences as well as providing training courses and sharing best practices . therefore , it should exceptionally be eligible for direct union support .


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from all end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds :


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ' direct marketing communications ' means any form of advertising or similar promotion , sent , directed or presented to one or more identified or identifiable end - users over an electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


### for the sole purpose of the provision of a specific service to an end - user , if the end - user or end - users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or ### for the sole purpose of the provision of a specific service to all end - user , if the end - user or end - users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls , airports , hotels , hostels , hospitals and other similar internet access points . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation .


### the end - user has given his or her consent ; or ### the all end - user has given his or her consent ; or


### it is necessary for providing an information society service requested by the end - user ; or ### it is necessary for providing an information society service requested by all end - user ; or


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications networks for the purposes of sending , directing or presenting direct marketing communications to end - users who are natural persons may be allowed only in respect of end - users who have given their prior consent .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### the all end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such all end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### each member state shall ensure that its europol national unit replies to duly justified requests related to bank account information made by the agency for law enforcement cooperation established by regulation 2016 / 794 of the european parliament and of the council on a case - by - case basis within the limits of its responsibilities and for the performance of its tasks . ### each member state shall ensure that its europol national unit is entitled to reply to duly justified requests related to bank account information or to financial information provided by the financial intelligence unit made by the agency for law enforcement cooperation established by regulation 2016 / 794 of the european parliament and of the council on a case - by - case basis within the limits of its responsibilities and for the performance of its tasks .


### each member state shall ensure that its financial intelligence unit is enabled to exchange financial information or financial analysis with any financial intelligence unit in the union where that financial information or financial analysis is necessary for the prevention and combating of money laundering , associate predicate offences and terrorist financing . ### each member state shall ensure that its financial intelligence unit is enabled to exchange financial information with any financial intelligence unit in the union where that financial information is necessary for the prevention and combating of money laundering , associate predicate offences and terrorist financing in accordance with article 53 directive 2015 / 849 .


### member states shall ensure that , in exceptional and urgent cases , and by way of derogation from paragraph 2 , where a financial intelligence unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence , a financial intelligence unit shall provide that information or analysis no later than 24 hours after the receipt of the request . ### member states shall ensure that , in exceptional and urgent cases , and by way of derogation from paragraph 2 , where a financial intelligence unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence , a financial intelligence unit shall provide that information or analysis free of charge no later than 48 hours after the receipt of the request .


### member states shall ensure that , in exceptional and urgent cases , and by way of derogation from paragraph 2 , where a financial intelligence unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence , a financial intelligence unit shall provide that information or analysis no later than 24 hours after the receipt of the request . ### member states shall ensure that , in exceptional and urgent cases , and by way of derogation from paragraph 2 , where a financial intelligence unit is requested pursuant to paragraph 1 to exchange financial information already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence , a financial intelligence unit shall provide that information no later than 48 hours after the receipt of the request .