### without prejudice to article 7 of directive 2010 / 31 / eu , each member state shall ensure that , as from 1 january 2014 , 3 % of the total floor area of heated and / or cooled buildings owned and occupied by its central government is renovated each year to meet at least the minimum energy performance requirements that it has set in application of article 4 of directive 2010 / 31 / eu . the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m2 owned and occupied by the central government of the member state concerned that , on 1 january of each year , do not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . that threshold shall be lowered to 250 m2 as of 9 july 2015 . where a member state requires that the obligation to renovate each year 3 % of the total floor area extends to floor area owned and occupied by administrative departments at a level below central government , the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m2 and , as of 9 july 2015 , over 250 m2 owned and occupied by central government and by these administrative departments of the member state concerned that , on 1 january of each year , do not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . when implementing measures for the comprehensive renovation of central government buildings in accordance with the first subparagraph , member states may choose to consider the building as a whole , including the building envelope , equipment , operation and maintenance . member states shall require that central government buildings with the poorest energy performance be a priority for energy efficiency measures , where cost - effective and technically feasible . 2 . member states may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings : buildings officially protected as part of a designated environment , or because of their special architectural or historical merit , in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance ; buildings owned by the armed forces or central government and serving national defence purposes , apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities ; buildings used as places of worship and for religious activities . 3 . if a member state renovates more than 3 % of the total floor area of central government buildings in a given year , it may count the excess towards the annual renovation rate of any of the three previous or following years . 4 . member states may count towards the annual renovation rate of central government buildings new buildings occupied and owned as replacements for specific central government buildings demolished in any of the two previous years , or buildings that have been sold , demolished or taken out of use in any of the two previous years due to more intensive use of other buildings . 5 . for the purposes of paragraph 1 , by 31 december 2013 , member states shall establish and make publicly available an inventory of heated and / or cooled central government buildings with a total useful floor area over 500 m2 and , as of 9 july 2015 , over 250 m2 , excluding buildings exempted on the basis of paragraph 2 . the inventory shall contain the following data : the floor area in m2 ; and the energy performance of each building or relevant energy data . 6 . without prejudice to article 7 of directive 2010 / 31 / eu , member states may opt for an alternative approach to paragraphs 1 to 5 of this article , whereby they take other cost - effective measures , including deep renovations and measures for behavioural change of occupants , to achieve , by 2020 , an amount of energy savings in eligible buildings owned and occupied by their central government that is at least equivalent to that required in paragraph 1 , reported on an annual basis . for the purpose of the alternative approach , member states may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central government buildings before and after renovation and according to estimates of the surface of their stock . the categories of reference central government buildings shall be representative of the stock of such buildings . member states opting for the alternative approach shall notify to the commission , by 31 december 2013 , the alternative measures that they plan to adopt , showing how they would achieve an equivalent improvement in the energy performance of the buildings within the central government estate . 7 . member states shall encourage public bodies , including at regional and local level , and social housing bodies governed by public law , with due regard for their respective competences and administrative set - up , to : adopt an energy efficiency plan , freestanding or as part of a broader climate or environmental plan , containing specific energy saving and efficiency objectives and actions , with a view to following the exemplary role of central government buildings laid down in paragraphs 1 , 5 and 6 ; put in place an energy management system , including energy audits , as part of the implementation of their plan ; use , where appropriate , energy service companies , and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term . ### article 5 is replaced by the following : “1 . without prejudice to article 7 of directive 2010 / 31 / eu , each member state shall ensure that , as from 1 january 2014 , 3 % of the total floor area of heated and / or cooled buildings owned and occupied by public authorities is renovated each year to meet at least the minimum energy performance requirements that it has set in application of article 4 of directive 2010 / 31 / eu . the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by public authorities of the member state concerned that , on 1 january of each year , do not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . as of 1 january 2020 , the total floor area to be renovated shall be increased to 5% . member states shall report on the annual energy savings resulting from the renovations and total floor area renovated . when implementing measures for the comprehensive renovation of public buildings in accordance with the first subparagraph , member states shall endeavour to carry out deep renovations . member states shall require that public buildings with the poorest energy performance be a priority for energy efficiency measures , where cost - effective and technically feasible . 2 . member states may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings : buildings officially protected as part of a designated environment , or because of their special architectural or historical merit , in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance ; buildings owned by the armed forces or central government and serving national defence purposes , apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities ; buildings used as places of worship and for religious activities . 3 . if a member state renovates more than 3 % , or 5% after 1 january 2020 , of the total floor area of public buildings in a given year , it may count the excess towards the annual renovation rate of any of the three previous or following years . 4 . member states may count towards the annual renovation rate of public buildings new buildings occupied and owned as replacements for specific central government buildings demolished in any of the two previous years , or buildings that have been sold , demolished or taken out of use in any of the two previous years due to more intensive use of other buildings . 5 . for the purposes of paragraph 1 and 6 , by 31 december 2013 , member states shall establish and make publicly available an inventory of heated and / or cooled central government buildings with a total useful floor area over 250 m2 , excluding buildings exempted on the basis of paragraph 2 . the inventory shall contain at least the following data : the floor area in m2 ; and the energy performance of each building ; actual measured energy consumption 6 . without prejudice to article 7 of directive 2010 / 31 / eu , member states may opt for an alternative approach to paragraphs 1 to 5 of this article , whereby they take other cost - effective measures , including deep renovations and measures for behavioural change of occupants , to achieve , by 2020 , an amount of energy savings in eligible buildings that is at least equivalent to that required in paragraph 1 , reported on an annual basis . for the purpose of the alternative approach , member states shall estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central government buildings before and after renovation and according to estimates of the surface of their stock . the categories of reference central government buildings shall be representative of the stock of such buildings . member states opting for the alternative approach shall notify to the commission , by 31 december 2013 , the alternative measures that they plan to adopt , showing how they would achieve an equivalent improvement in the energy performance of the buildings within their public buildings . 7 . member states shall encourage public bodies , including at regional and local level , and social housing bodies governed by public law , with due regard for their respective competences and administrative set - up , to : adopt an energy efficiency plan , freestanding or as part of a broader climate or environmental plan , containing specific energy saving and efficiency objectives and actions , with a view to following the exemplary role of central government buildings laid down in paragraphs 1 , 5 and 6 ; put in place an energy management system , including energy audits , as part of the implementation of their plan ; use , where appropriate , energy service companies , and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term . ”


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17% in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### binding targets have been set at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 40 % target . member states must achieve national binding energy efficiency objectives laid down by the commission by delegated act , taking into account that the union’s 2030 energy consumption has to be no more than 1 129 mtoe of primary energy and no more than 825 mtoe of final energy . this means that primary energy consumption should be reduced by 34% and final energy consumption should be reduced by 31% in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are binding targets at both national and union level in the 2030 perspective . the need for the union to achieve its energy efficiency targets , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 40 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national targets based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national binding energy efficiency targets taking into account that the union’s 2030 energy consumption has to be no more than 1 129 mtoe of primary energy and no more than 825 mtoe of final energy . this means that primary energy consumption should be reduced by 34 % and final energy consumption should be reduced by 31 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states must :


### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate . ### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed . these marine biodegradability criteria shall not apply to the products listed in part b of the annex already subject to restrictions on placing on the market and for which alternatives are already available .


### ‘ observer program’ means a scheme under the auspices of a regional fisheries management organisation that provides observers onboard fishing vessels under certain conditions to verify the vessel ' s compliance with the rules adopted by that organisation . ### ‘ observer program’ means a scheme under the auspices of regional and member state fisheries management organisations that provide observers onboard fishing vessels under certain conditions to verify the vessel ' s compliance with the rules adopted by that organisation .


### 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 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 or scientific research , 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 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 , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states , taking into account the fact that the dissemination of culture and knowledge is in the public interest , 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 , permitting cultural heritage institutions to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the purpose of the preservation , consultation , or cataloguing of such works or other subject - matter .


### 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 and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall be transparent , non - discriminatory , proportionate , shall not go beyond what is necessary to achieve that objective and be justified by objective reasons .


### member states shall provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states shall provide for an exception to the rights&#160 ; set out&#160 ; in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 4 of directive 2009 / 24 / ec , permitting cultural heritage institutions , educational establishments or other non - commercial documentation centers , to digitise , distribute , communicate to the public or make available out - of - commerce works or other subject - matter permanently in their collection for non - commercial purposes .


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


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover 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 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 establishments pursuing educational activities , 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 directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action . ### the directives which have been adopted in the area of copyright and related rights provide for a harmonised legal framework , which contributes to the good functioning of the internal market . this legal framework should however be updated , taking into account new digital technologies that pose new challenges in finding the right balance between the protection of intellectual property rights and the new possibilities for consumers and businesses to create , innovate , access and exchange copyright - protected works and other subject matter . furthermore , it should be acknowledged that there is an increasing number of cases where copyright hampers innovation and creativity rather than fostering them . an updated legal framework would contribute to the general public goal of increasing access to , and favouring the dissemination of , creative content , information and knowledge , and to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , accurate and comprehensive information on the exploitation of their works and performances from those to whom their works are licensed or their rights are transferred , notably as regards all modes of exploitation , revenues generated and remuneration due .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors , creators and performers often face a lack of transparency regarding the information they need to assess and the economic value of their rights , which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . such information should be adequate , accurate and comprehensive in order to allow authors and performers , who tend to be in a weaker contractual position when they grant licences or transfer their rights , to assess the continued economic value of those rights , compared to the remuneration originally agreed for their licence or transfer . therefore , the sharing of adequate , accurate and comprehensive information by their contractual counterparts or their successors in title is essential for the transparency , equality and fairness in the system that governs the remuneration of authors and performers .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover all uses , including digital and online ones , 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 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 to reproduce works and other subject - matter permanently in their collections for preservation purposes , such as traditions and intangible cultural heritage , for example to address technological obsolescence , the degradation of original supports or the loss of oral or intangible heritage . 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 , consultation , cataloguing and filing purposes .


### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec , insofar as digital uses are concerned . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . ### the rights granted to the publishers of press publications and press agencies under this directive should have the same scope as the rights of reproduction and making available to the public provided for in articles 2 and 3 of directive 2001 / 29 / ec and articles 3 and 9 of directive 2006 / 115 / ec , insofar as the use of press publications is concerned . short extracts of copyrighted press publications constitute reproduction given their economic value . their unauthorised use should therefore be prohibited unless they are being used in a private and non - commercial context . these rights should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . the protection afforded to press agencies and publishers by this directive should include any content generated automatically by news aggregators .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers , who are in a contractual relationship where there are ongoing payment obligations , receive on a regular basis and no less than once a year and taking into account the specificities of each sector , timely , adequate , accurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , or their successors in title , notably as regards modes of exploitation , revenues generated and remuneration due .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### without prejudice to other judicial remedies , member states may provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary and public alternative dispute resolution procedure .


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary , easily accessible , channels of commerce . out - of - commerce works shall also include works that have never been , or were never intended , to be in commerce .


### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial public body with relevant experience . that body shall provide impartial and affordable assistance with negotiation and help reach agreements .


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


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to all uses and cross - border teaching activities , scientific research and private study , the modalities of implementation may differ from a member state to another , to the extent they do not hamper in any way the effective application of the exception or cross - border uses .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross - border effect in the internal market . ### cultural heritage institutions , educational establishments or other non - commercial documentation centers should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the availability of out - of - commerce works that are in the collections of cultural heritage institutions , educational establishments or other non - commercial documentation centers and thereby to allow the conclusion of agreements with cross - border effect in the internal market .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate , accurate and comprehensive information on the exploitation of their works and performances from those to whom their works are licensed or their rights are transferred , notably as regards all modes of exploitation , revenues generated and remuneration due .


### as mass digitisation projects can entail significant investments by cultural heritage institutions , any licences granted under the mechanisms provided for in this directive should not prevent them from generating reasonable revenues in order to cover the costs of the licence and the costs of digitising and disseminating the works and other subject - matter covered by the licence . ### as mass digitisation projects can entail significant investments by cultural heritage institutions , any licences granted under the mechanisms provided for in this directive should not prevent them from generating reasonable revenues that should be allocated only to cover the costs of the licence and the costs of digitising and disseminating the works and other subject - matter covered by the licence .


### works or other subject - matter covered by a licence granted in accordance with article 7 may be used by the cultural heritage institution in accordance with the terms of the licence in all member states . ### out - of - commerce works or other subject - matter may be used , in accordance with article 7 , by cultural heritage institutions in all member states .


### the exceptions and the limitation set out in this directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand , and of users on the other . they can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject - matter and do not unreasonably prejudice the legitimate interests of the rightholders . ### the exceptions and the limitation set out in this directive seek to achieve a fair balance between the specific rights and interests of authors and other rightholders on the one hand , and of users on the other . they can be applied in certain special cases which do not conflict with the normal exploitation of the works or other subject - matter and do not unreasonably prejudice the legitimate interests of the rightholders . the public goal of favouring the creation , dissemination and access to content , information and knowledge within the internal market should be also duly taken into account in the balance of the different interests at stake .


### member states shall provide that appropriate publicity measures are taken regarding : ### member states shall provide that appropriate and effective publicity measures are taken regarding :


### different approaches in the member states for acts of preservation by cultural heritage institutions hamper cross - border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market , leading to an inefficient use of resources . ### different approaches in the member states for acts of preservation by cultural heritage institutions hamper cross - border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market , leading to an inefficient use of resources and risking to negatively affect the preservation of cultural heritage .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors , creators and performers often face a lack of transparency regarding the information they need to assess and the economic value of their rights , which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . such information should be adequate , accurate and comprehensive in order to allow authors and performers , who tend to be in a weaker contractual position when they grant licences or transfer their rights , to assess the continued economic value of those rights , compared to the remuneration originally agreed for their licence or transfer . therefore , the sharing of adequate , accurate and comprehensive information by their contractual counterparts or their successors in title is essential for the transparency , equality and fairness in the system that governs the remuneration of authors and performers .


### 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 .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . __________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited , and relevant legislation needs to be future proof so as to not restrict technological development . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ' towards a modern , more european copyright framework ' 26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning and fair marketplace for copyright , there should also be rules on the use of works and other subject - matter on online service providers and on the transparency of authors ' and performers ' contracts and of the accounting deriving from the exploitation of protected works according to those contracts . __________________ 26 com 626 final .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of legal mechanism allowing cultural heritage institutions , educational establishments or other non - commercial documentation centers to digitise , distribute , communicate to the public or make available the out - of - commerce works permanently in their collection , in accordance to their legal traditions , practices or circumstances . such mechanisms should allow rightholders to exclude their works , on the basis of reasonable evidence , and can include extended collective licensing and presumptions of representation . in any case , member states should be required to provide for a mandatory general exception , applying where collective management organisations do not exist , or are unable to achieve sufficient representativity , or to offer easily available licences to cultural heritage institutions , educational establishments or other non - commercial documentation centers for the types of works and other subject matter held in their collections .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### without prejudice to other judicial remedies , member states shall provide that disputes concerning the transparency obligation under article 14 , the contract adjustment mechanism under article 15 and the unwaivable right to remuneration under article 14a may be submitted to a voluntary , alternative dispute resolution procedure .


### use of out - of - commerce works by cultural heritage institutions ### use of out - of - commerce works by cultural heritage institutions , educational establishments or other non - commercial documentation centers


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education , preservation of cultural heritage and public lending of literary works , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 2006 / 115 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market and the access to creative content , information and knowledge . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , preservation of cultural heritage and public lending of literary works , should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching and scientific research in the digital environment , preservation of cultural heritage , public lending of literary works , and out - of - commerce works should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec , 2001 / 29 / ec and 2006 / 115 / ec should be adapted .


### 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 11 of this directive and article 4 of directive 2009 / 24 / ec for reproductions and extractions made by persons or legal entities in order to carry out text and data mining of works or other subject - matter to which they have authorised access for the purposes of scientific research .


### the licence , and in particular its application to unrepresented rightholders ; ### any licence , and in particular its application to unrepresented rightholders ;


### member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce . ### member states shall , in consultation with rightholders , collective management organisations , cultural heritage institutions , educational establishments or other non - commercial documentation centers , ensure that the requirements used to determine whether works and other subject - matter can be deemed to be out of commerce , do not extend beyond what is reasonable and proportionate and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce .


### 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 , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states , taking into account the fact that the dissemination of culture and knowledge is in the public interest , 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 , permitting cultural heritage institutions to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the purpose of the preservation , consultation , or cataloguing of such works or other subject - matter .


### member states shall provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states shall provide for an exception to the rights&#160 ; set out&#160 ; in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 4 of directive 2009 / 24 / ec , permitting cultural heritage institutions , educational establishments or other non - commercial documentation centers , to digitise , distribute , communicate to the public or make available out - of - commerce works or other subject - matter permanently in their collection for non - commercial purposes .


### organic production is a sustainable management system for agriculture that is based on the following general principles : ### organic production is a sustainable management system that is based on the following general principles :


### ‘ group of operators’ means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### group of operators means a group run exclusively by farmers , each of whom may , in addition to producing food or feed , be engaged in processing of food or feed , and whose holdings are close to one another and produce the same product ;


### for the purposes of paragraph 1 , with regard to gmos or products produced from or by gmos for food and feed , operators may rely on the labels of a product or any other accompanying document , affixed or provided pursuant to directive 2001 / 18 / ec , regulation no 1829 / 2003 of the european parliament and of the council48 or regulation no 1830 / 2003 of the european parliament and of the council49 . __________________ 49 regulation 1830 / 2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001 / 18 / ec . ### any reference to or use of the term ‘ organic’ or ‘ bio’ on food which , during the stages of its production , has been contaminated by genetically modified material , shall also be prohibited .


### the statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services , as well as a reference to the applicable objective ground or grounds for that decision referred to in article 3 . ### the statement of reasons referred to in paragraph 1 shall contain a reference to the conduct of the business user that led to the decision of the provider of online intermediation services , as well as a reference to the applicable ground or grounds for that decision referred to in article 3 .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### are drafted in clear and unambiguous language ; ### are drafted in clear language ;


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or if there is a need to address a new harmful yet not illegal practice or a security issue that could impact the user or the integrity of the platform , provided they clearly notify users of the change and its rationale .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online business - to - consumer intermediation services where an official business - to - platform relationship is established are granted appropriate transparency and effective redress possibilities .


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers and go above mere provision of an online presence , irrespective of where those transactions are ultimately concluded ;


### a common training programme for eures staff ; ### a common training programme for eures staff , including an awareness training to address different needs of specific group of workers .


### a delegated act adopted pursuant to article 2 , shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 2 , shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or the council . when a delegated act is delivered just before or during a public holiday , the time shall be deemed to run from the date of the first plenary session of the european parliament following the public holiday . in all cases , the period shall be able to be extended to encompass three full plenary sessions .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### &#8220 ; buyer&#8221 ; means any natural or legal person irrespective of their place of establishment , who buys food products by way of trade in order to process or distribute them in the european union . the term ' buyer ' may include a group of such natural and legal persons .


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### organisations of producers or of suppliers or associations of organisations of producers or of suppliers whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint and to be party to the proceedings .


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of food products that occurs once the product has passed into the buyer ' s ownership and that is not caused by the negligence or fault of the supplier .


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier later than : - 30 calendar days starting from the last day of the month of receipt of the supplier’s invoice for perishable agricultural and food products , or later than 30 calendar days after the date of delivery of the perishable agricultural and food products , whichever is the later ; or - 60 calendar days starting from the last day of the month of receipt of the supplier’s invoice for agricultural and food products , or later than 60 calendar days after the date of delivery of the agricultural and food products , whichever is the later . member states shall ensure that , in sales transactions and for services provided where the buyer is a public authority , those practices are equally prohibited . these prohibitions shall be without prejudice :


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural and food products , and / or of the services related to those products ;


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of food products that occurs after the product has passed into the buyer ' s ownership and that is not caused by the negligence or fault of the supplier .


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier later than : - 30 calendar days starting from the last day of the month of receipt of the supplier ' s invoice for perishable agricultural and food products , or later than 30 calendar days after the date of delivery of the perishable agricultural and food products ; or - 60 calendar days starting from the last day of the month of receipt of the supplier ' s invoice for non - perishable agricultural and food products , or later than 60 calendar days after the date of delivery of the non - perishable agricultural and food products . member states shall ensure that , in sales transactions and for services provided where the buyer is a public authority , these practices are equally prohibited . these prohibitions shall be without prejudice :


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should be impartial bodies with no conflicts of interest with operators in the agricultural and food supply chain and have an in depth knowledge of the functioning of the chain . they should guarantee the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and other equally effective sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . repeated infringements should be taken into account when determining the sanction to be applied . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .


### “perishable food products” means food products that will become unfit for human consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit . ### “perishable agricultural and food products” means agricultural and food products that will become unfit for proper use or consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit .


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally imposes changes to the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural and food products or the services related to those products ;


### as unfair trading practices may occur at any stage of the sale of a food product , i . e . before , during or after a sales transaction , member states should ensure that the provisions of this directive should apply to such practices whenever they occur . ### as unfair trading practices may occur at any stage of the sale of a food product , i . e . before , during or after a sales transaction , or in connection with the provision of services by the buyer to the supplier , member states should ensure that the provisions of this directive should apply to such practices whenever they occur .


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer or supplier organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of food products , or to services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of agricultural or food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier ;


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should ensure the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines or other sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .


### eur 15 000 000 000 for cluster ' digital and industry ' ; ### eur 24 564 000 000 for cluster ' digital and industry ' ;


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; ### to foster all forms of innovation , including incremental , breakthrough and social innovation , contributing to strengthen market deployment of innovative solutions ;


### for signing grant agreements with applicants , a maximum period of eight months from the final date for submission of complete proposals . ### for signing grant agreements with applicants , a maximum period of six months from the final date for submission of complete proposals .


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges including climate change and pursuing sustainable development goals ;


### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart mobility ; energy storage . ### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart cities ; smart mobility ; energy storage ; culture and cultural heritage .


### open science practices beyond open access to research outputs and responsible management of research data shall be promoted . ### open science practices , including open access to research outputs and research data , shall be promoted also by duly incentivising and rewarding researchers and institutions implementing those practices .


### the programme shall ensure the effective promotion of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups . ### the programme shall ensure the effective promotion of equal opportunities for all and , in particular , of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups .


### eur 15 000 000 000 for cluster ' digital and industry ' ; ### eur 15 000 000 000 for ' digital and industry ' ;


### horizon europe activities shall be primarily delivered through calls for proposals , some of which organised as parts of missions and european partnerships . ### horizon europe activities shall be primarily delivered through calls for proposals , also organised as parts of missions and european partnerships .


### the funding rates determined in this article shall also apply for actions where flat rate , unit or lump sum financing is fixed for the whole or part of the action . ### the funding rates determined in this article shall also apply for actions where unit or lump sum financing is fixed for the whole or part of the action , or where usual cost accounting practices of the beneficiary are accepted according to article 32 .


### horizon europe activities shall be primarily delivered through calls for proposals , some of which organised as parts of missions and european partnerships . ### horizon europe activities shall be primarily delivered through calls for proposals , also organised as parts of missions and / or european partnerships .


### the pillar ' open innovation ' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating breakthrough innovation for rapid market growth . it should attract innovative companies with potential for scaling up at international and at union level and offer fast , flexible grants and co - investments , including with private investors . these objectives should be pursued through the creation of a european innovation council . this pillar should also support the european institute of innovation and technology and european innovation ecosystems at large , notably through co - funding partnerships with national and regional innovation support actors . ### the pillar ' innovative europe ' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating breakthrough innovation for rapid market growth as well as promoting eu’s technological autonomy in strategic areas . it should attract innovative companies , including smes and start - ups , with potential for scaling up at international and at union level and offer fast , flexible grants and co - investments , including with private investors . these objectives should be pursued through the creation of a european innovation council . this pillar should also support the european institute of innovation and technology and european innovation ecosystems at large , within the whole eu , notably through co - funding partnerships with national and regional innovation support actors .


### eur 15 000 000 000 for cluster ' climate , energy and mobility ' ; ### eur 15 000 000 000 for ' climate , energy and mobility ' ;


### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . ### an accelerated reduction of landfilling , up to its definitive phase - out for all but hazardous waste appropriately conditioned , is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . to this end , it is necessary that the drive towards the elimination of landfilling does not have as a consequence an increase in incineration rates . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional assistance and time for the attainment of the municipal waste recycling targets should also be given additional assistance and time to attain the landfill reduction target for 2030 as laid down in this directive .


### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets will further facilitate separate collection , sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets should further facilitate separate collection , sorting and recycling of waste . furthermore , these ambitious targets should provide an adequate context for stimulating increased public and private investments in infrastructure , research and skills , and they should avoid locking potentially recyclable materials at the bottom of the waste hierarchy .


### from 1 january 2030 emissions into air of sulphur dioxide , nitrogen oxides and particulate matter from an existing medium combustion plant with a rated thermal input of 5 mw or less shall not exceed the emission limit values set out in part 1 of annex ii . ### from 1 january 2025 emissions into air of sulphur dioxide , nitrogen oxides and particulate matter from an existing medium combustion plant with a rated thermal input of 5 mw or less shall not exceed the emission limit values set out in part 1 of annex ii .


### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles . ### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that all european road markings and signs , including conditional ones , can be easily and reliably recognised by such vehicles .


### the commission shall develop general performance requirements to facilitate the recognition of road markings and road signs . for this purpose , the commission shall adopt an implementing act in accordance with the procedure referred to in article 13 . ; ### the commission shall develop minimum performance requirements to facilitate the recognition of road markings and road signs , and to improve their connectivity and their interoperability with cooperative intelligent transport systems devices installed on connected and automated vehicles . for this purpose , the commission shall adopt an implementing act in accordance with the procedure referred to in article 13 . ” ;


### member states shall ensure that the needs of vulnerable road users are taken into account in the implementation of the procedures set out in articles 3 to 6 . ” ; ### member states shall ensure that the needs of vulnerable road users are taken into account in the implementation of the procedures set out in articles 3 to 6 , defining the quality requirements , in particular for pedestrian and cyclists , that are to be included in the reporting as referred to in article 11a ' ;


### ‘ safety rating’ means the classification of parts of the existing road network in categories according to their objectively measured in - built safety ; ### ‘ safety rating’ means the classification of parts of the existing road network in categories according to their objectively measured safety level ;


### provisions for cyclists , ### provisions for cyclists , including the existence of alternative routes or separations from high speed motor traffic ,


### a large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds . therefore the limited extension of the scope of directive 2008 / 96 / ec to motorways and primary roads beyond the ten - t network should contribute significantly to the improvement of road infrastructure safety across the union . ### a large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds . therefore it is of the utmost importance to extend the scope of directive 2008 / 96 / ec to motorways and primary roads beyond the ten - t network in order to guarantee the same high level of safety to all drivers .


### roadside hazards and distance from carriageway edge ; ### roadside hazards and distance from carriageway or cycle path edge ;


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 , 2040 and 2050 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals and include the specific possibility of increasing the union ' s and national climate targets as well as the option for member states to cancel allowances .