### regulation 2016 / 679 of the european parliament and of the council90 governs the processing of personal data carried out in the member states in the context of this regulation and under the supervision of the member states competent authorities . regulation 45 / 2001 of the european parliament and of the council91 governs the processing of personal data carried out by the commission within the framework of this regulation and under the supervision of the european data protection supervisor . any exchange or transmission of information by competent authorities is to comply with the rules on the transfer of personal data as laid down in regulation 2016 / 679 and any exchange or transmission of information by the commission is to comply with the rules on the transfer of personal data as laid down in regulation no 45 / 2001 . ### regulation 2016 / 679 of the european parliament and of the council90 governs the processing of personal data carried out in the member states in the context of this regulation and under the supervision of the member states competent authorities . regulation 45 / 2001 of the european parliament and of the council91 governs the processing of personal data carried out by the commission within the framework of this regulation and under the supervision of the european data protection supervisor . any exchange or transmission of information by competent authorities is to comply with the rules on the transfer of personal data as laid down in regulation 2016 / 679 and in regulation xxx [ regulation on privacy and electronic communications ] and any exchange or transmission of information by the commission is to comply with the rules on the transfer of personal data as laid down in regulation no 45 / 2001 .


### to provide high - quality , comparable and reliable statistics on europe which underpin the design , monitoring and evaluation of all the union policies and help policy makers , businesses , academia , citizens and media to make informed decisions and actively participate in the democratic process . ### to provide high - quality , comparable and reliable statistics on the european union which underpin the design , monitoring and evaluation of all the union policies and help policy makers , businesses , academia , citizens and media to make rapid and informed decisions and actively participate in the democratic process .


### improving the competitiveness of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship ; ### improving the competitiveness of enterprises with special emphasis on smes , including those in the tourism sector , and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship ;


### enhancing the participation of consumers , other financial services end - users and civil society in financial services policy - making ; promoting a better understanding of the financial sector ; ### enhancing the participation of consumers , other financial services end - users and civil society in financial services policy - making ; promoting a better understanding and a secure use of the opportunities given by the financial sector ;


### contributing to a high level of health for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption ; ### contributing to a high level of health and safety for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption , including through monitoring and addressing environmental determinants ;


### creation of the right conditions to empower all actors of the internal market , including businesses , citizens and consumers , civil society and public authorities through transparent information and awareness raising campaigns , best practice exchange , promotion of good practices , exchange and dissemination of expertise and knowledge and organization of trainings ; ### creation of the right conditions to empower all actors of the internal market , including businesses , citizens , consumers , prosumers , civil society and public authorities through transparent information and awareness raising campaigns , best practice exchange , promotion of good practices , exchange and dissemination of expertise and knowledge and organization of trainings ;


### support for the effective enforcement and modernisation of the union legal framework and its rapid adaptation to the ever - changing environment , including through data gathering and analyses ; studies , evaluations and policy recommendations ; organization of demonstration activities and pilot projects ; communication activities ; development of dedicated it tools ensuring transparent and efficient functioning of the internal market . ### support for the effective enforcement and modernisation of the union legal framework and its rapid adaptation to the ever - changing environment , including through data gathering and analyses ; studies , evaluations and policy recommendations ; organization of demonstration activities and pilot projects ; promoting digital literacy among citizens and companies ; communication activities ; development of dedicated it tools ensuring transparent , fair and efficient functioning of the internal market , including through the efforts to combat fraud , particularly in online markets , by implementing specific provisions on product traceability .


### facilitating the growth of businesses , including skills development , and industrial transformation across manufacturing and service sectors ; ### facilitating the growth of businesses , including skills development , especially digital skills , and industrial transformation across manufacturing and service sectors , including the tourism sector ;


### supporting the competiveness of enterprises and whole sectors of economy , and supporting smes ' uptake of innovation and value chain collaboration through strategically connecting ecosystems and clusters , including the joint cluster initiative ; ### supporting the competitiveness of enterprises and whole sectors of the economy , and supporting smes ' uptake of innovation , with a particular focus on collaborative economy models , including social entrepreneurship and e - commerce models , and value chain collaboration through strategically connecting ecosystems and clusters , including the joint cluster initiative ;


### fostering an entrepreneurial business environment and entrepreneurial culture , including the mentoring scheme for new entrepreneurs and supporting start - ups , business sustainability and scale - ups . ### fostering an entrepreneurial business environment and entrepreneurial culture , including the erasmus programme for young entrepreneurs and supporting start - ups , business sustainability and scale - ups .


### the programme shall be implemented by work programme referred to in article 110 of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . ### the programme shall be implemented by work programme referred to in article 110 of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . the work programmes shall be drawn up by the specific reference committees , bringing together experts from the member states and acting in accordance with regulation no 182 / 2011 and established by the individual basic acts . they shall set out in detail a description of the actions to be financed , the objectives of those actions and the amount allocated to each action . the programmes shall also set out the method and timing of implementation of each action and the indicators that will be used to monitor the actual correspondence with the expected results .


### the commission shall be assisted by the standing committee on the food chain and animal health established by article 58 of regulation no 178 / 2002 of the european parliament and of the council99 . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted in each work programme by the specific reference committees established by regulation no 182 / 2011 and established by the individual basic acts .


### –providing high quality , timely and reliable statistics to support the european pillar of social rights and the union skills policy , including statistics on the labour market , employment , education and training , income , living conditions , poverty , inequality , social protection , undeclared work and satellite accounts on skills ; ### –providing high quality , timely and reliable statistics to support the european pillar of social rights and the union skills policy , including statistics on the labour market and employment , with disaggregated data for precarious contracts and good quality jobs , statistics on education and training , income , living conditions , poverty , inequality , social protection , undeclared work and satellite accounts on skills ;


### if yes , is the holding part of a corporate group made up of units that are legally independent ### yes / no


### member states shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical , mental or moral development of minors . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service . ### member states shall ensure that audiovisual media service providers and video - sharing platform providers effectively provide clear information to viewers , prior and during the programme as well as before and after any interruption , about content which may damage or disturb minors and in particular impair their physical , mental or moral development . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states shall adopt measures to minimise the exposure of adolescents to commercial communications of alcoholic beverages . commercial communications preceding , following or interrupting programmes targeting adolescents’ audience between 7 : 00 and 23 : 00 shall be prohibited . without prejudice to the adoption of regulatory measures , member states and the commission shall encourage the development of self - and co - regulatory initiatives , including code of conducts , to further minimise the exposure of adolescents to such commercial communications accompanying or included in programmes with a significant minors’ audience .


### member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . ### member states shall take all the necessary and appropriate measures to ensure that programmes provided by audiovisual media service providers and video - sharing platform providers under their jurisdiction , which might impair the physical , mental or moral development of minors , or harm the physical , mental or moral integrity of elderly people and vulnerable categories are only made available in such a way as to ensure that minors and such categories will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other adequate and effective technical measures . they shall be proportionate to the potential harm of the programme .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme which takes into account the various anthropogenic emissions that contribute to increasing greenhouse gases , while making a distinction between industrial and agricultural emissions , with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . ### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural and livestock sector which , together with enteric fermentation emissions and manure management measures , contribute to approximately half of greenhouse gas emissions . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific and documented national circumstances .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides and nitrous oxide , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii .


### without prejudice to paragraph 1 , member states shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of so2 , nox , nmvoc , nh3 , pm2 , 5 and ch4 . the levels of those emissions shall be determined on the basis of fuels sold , by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030 . ### without prejudice to paragraph 1 , member states shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of so2 , nox , n2o , nmvoc , nh3 , pm2 , 5 and ch4 . the levels of those emissions shall be determined on the basis of fuels sold , by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030 .


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


### a summary of the relevant elements of the risk management planning shall be provided to the commission , including information on the selected prevention and preparedness measures , by 31 january 2019 and every three years thereafter . in addition , the commission may require member states to provide specific prevention and preparedness plans , which shall cover both short - and long - term efforts . the union shall duly consider the progress made by the member states with respect to disaster prevention and preparedness as part of any future ex - ante conditionality mechanism under the european structural and investment funds . ### a summary of the relevant elements of the risk management planning shall be provided to the commission , including information on the selected prevention and preparedness measures , by 31 january 2019 and every three years thereafter . in addition , the commission may cooperate with member states to provide specific prevention and preparedness plans and shall provide them with a guiding framework for the preparation of such plans , which shall cover both short - and long - term efforts . the union shall duly consider the progress made by the member states , also at regional and local level , with respect to disaster prevention and preparedness as part of any future ex - ante conditionality mechanism under the european structural and investment funds .


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


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in dissuading certain service providers from obtaining short - term profits through targeted discrimination of some eu customers , driving prices up . neither it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . moreover , it must be considered that such discrimination has often taken place with the informal consensus of administrative and regulatory authorities , which have been fully aware of this practice but have deliberately chosen not to act against it . in order to develop the full potential of the digital single market and achieve an effective competition amongst market actors such attitude should be overcome . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


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


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . as a standard of proof for demonstrating such individual negotiation , regulatory authorities should request evidence of substantially personalised contractual terms and conditions . the trader should bear the burden of proving that personalised contractual terms and conditions have been effectively negotiated and applied .


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service within the framework of a business model that aims to resell , rent , transform or process on a commercial scale the purchased goods or services , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition .


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


### on the basis of identified risks , the commission shall define the types and the number of key response capacities required for the european civil protection pool . the commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage member states to address such gaps . the commission may support member states in accordance with article 20 , point of article 21 and article 21 . ### on the basis of identified risks , the commission shall define the capacity goal by means of delegated acts , on the understanding that the minimum goals to be attained shall be : –to make good the gaps and shortcomings in firefighting ; –to enhance cbrn disaster response capacity ; –to enhance the capacity to set up large field hospitals ; –to enhance medical evacuation capacity within the european medical corps . the commission shall be empowered to adopt delegated acts laying down the types and number of key response capacities required for the european civil protection pool . the commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage member states to address such gaps . the commission may support member states in accordance with article 20 , point of article 21 and article 21 .


### the commission shall establish a network of relevant civil protection and disaster management actors and institutions , forming together with the commission a union civil protection knowledge network . ### the commission shall establish a network of relevant civil protection and disaster management actors and institutions , including centres of excellence , universities and researchers , forming together with the commission a union civil protection knowledge network .


### ' 3 . member states shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market . this information shall identify , as far as it is needed by treatment facilities in order to comply with the provisions of this directive , the different vehicle components and materials , and the location of all hazardous substances in the vehicles , in particular with a view to the achievement of the objectives laid down in article 7 . ' ### article 8 of directive 2000 / 52 / ec is replaced by the following : ' 3 . member states shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market , in electronic format . this information shall identify , as far as it is needed by treatment facilities in order to comply with the provisions of this directive , the different vehicle components and materials , and the location of all hazardous substances in the vehicles , in particular with a view to the achievement of the objectives laid down in article 7 . '


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


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


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


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


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database , including raw data . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . legal entities should also benefit from the exception when they engage into public - private partnerships .


### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted would be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception . ### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security of the system or databases where the works or other subject - matter are hosted could be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security of the system and should not undermine the effective application of the exception .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the purpose of illustration for teaching or scientific research . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect , nor allow the application of such exceptions or limitations to private study purposes . this situation may hamper the development of digitally - supported teaching activities and distance learning , scientific research and private study . therefore , the introduction of a new mandatory exception is necessary to ensure full legal certainty when using works or other subject - matter in all teaching activities , scientific research and private study , including digital , online and across borders .


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


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


### 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 , research organisations , and educational establishments 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 .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . the transparency obligation should not apply to works made under employment arrangements or when the contribution of the author or performer is not significant having regard to the overall work or performance , including in particular audio - visual works and collective works . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , in particular regarding arrangements concluded for the content of radio services or of audiovisual media services under directive 2010 / 13 / eu , a transitional period should be provided for . the transparency obligations do not need to apply to cases where the relevant contract or remuneration is based on collective bargaining , collective rights management or other collective arrangements or on joint remuneration agreements , including agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu .


### 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 lawful access for the purposes of scientific research .


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


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


### 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 and sufficient information on the exploitation of their works and performances from those to whom they have directly&#160 ; licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that , in cases where paragraph 1 of article 14 applies , authors and performers are entitled to request additional , appropriate remuneration from the party with whom they directly entered into a contract for the exploitation of the rights when the author or performer demonstrates that the remuneration originally agreed is disproportionately low compared to the subsequent unexpected relevant profits directly derived from the exploitation of the works or performances . member states may provide that this right expires if it is not exercised within a reasonable period from the relevant exploitation .


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


### the programme should contribute to sustainable development and to the achievement of the objectives and targets of the union environment , climate and relevant clean energy legislation , strategies , plans and international commitments , in particular the united nations 2030 agenda for the sustainable development8 , the convention on biological diversity9 and the paris agreement adopted under the united nations framework convention on climate change10 . __________________ 8 agenda 2030 , resolution adopted by un ga on 25 / 09 / 2015 . 9 93 / 626 / eec : council decision of 25 october 1993 concerning the conclusion of the convention on biological diversity , . 10 oj l 282 , 19 . 10 . 2016 , p . 4 . ### the programme should contribute to sustainable development and to the achievement of the objectives and targets of the union environment , climate change adaptation and other relevant legislation , strategies , plans and international commitments , in particular the united nations 2030 agenda for the sustainable development8 , the convention on biological diversity9 . __________________ 8 agenda 2030 , resolution adopted by un ga on 25 / 09 / 2015 . 9 93 / 626 / eec : council decision of 25 october 1993 concerning the conclusion of the convention on biological diversity , . 10 oj l 282 , 19 . 10 . 2016 , p . 4 .


### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change . ### the programme should specifically focus on sectors that contribute most to the current levels of pollution . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change , in preparation for an impending ' maunder minimum ' period .


### the union ' s most recent environmental implementation review package21 indicates that significant progress is required to accelerate implementation of the union environment acquis and enhance the integration of environmental and climate objectives into other policies . the programme should therefore act as a catalyst to achieve the required progress through developing , testing and replicating new approaches ; supporting policy development , monitoring and review ; enhancing stakeholder involvement ; mobilising investments across union investment programmes or other financial sources and supporting actions to overcome the various obstacles to the effective implementation of key plans required by environment legislation . __________________ 21 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - the eu environmental implementation review : common challenges and how to combine efforts to deliver better results . ### the union ' s most recent environmental implementation review package21 indicates that significant progress is required to accelerate implementation of the union environment acquis and enhance the integration of environmental and climate change adaptation objectives into other policies . the programme should therefore act as a catalyst to achieve the required progress through developing , testing and replicating new approaches ; supporting policy development , monitoring and review ; enhancing stakeholder involvement ; mobilising investments across union investment programmes or other financial sources and supporting actions to overcome the various obstacles to the effective implementation of key plans required by environment legislation . __________________ 21 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - the eu environmental implementation review : common challenges and how to combine efforts to deliver better results .


### the improvement of governance on environmental , climate change and related clean energy transition matters requires involvement of civil society by raising public awareness , consumer engagement , and broadening of stakeholder involvement , including non - governmental organisations , in consultation on and implementation of related policies . ### the improvement of governance on environmental and climate change adaptation matters requires involvement of civil society by raising public awareness , consumer engagement , and broadening of stakeholder involvement , including non - governmental organisations , in consultation on and implementation of related policies .


### the general objective of the programme is to contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , including through the transition to clean energy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development . ### the general objective of the programme is to contribute to climate change adaptation . it is also contributing to the shift towards a clean , circular and energy efficient economy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development .


### to develop , demonstrate and promote innovative techniques and approaches for reaching the objectives of the union legislation and policy on environment and climate action , including the transition to clean energy , and to contribute to the application of best practice in relation to nature and biodiversity ; ### to develop , demonstrate and promote innovative techniques and approaches for reaching the objectives of the union legislation and policy on environment and climate change adaptation , and to contribute to the application of best practice in relation to nature and biodiversity ;


### projects financed by the programme shall avoid undermining environmental , climate or relevant clean energy objectives of the programme and , where possible , shall promote the use of green public procurement ; ### projects financed by the programme shall avoid undermining environmental , climate change adaptation objectives of the programme and , where possible , shall promote the use of local public procurement ;


### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . this regulation shall promote gender equality and women’s empowerment . ### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . in particular , the union shall support education as a tool to foster development , contribute to the eradication of poverty , as well as to promote peace - building , social inclusion and active citizenship , and ensure access to culture . this regulation shall promote gender equality and empowerment of women and children .


### enhancing efforts for the adoption of policies and appropriate investment to promote women and young people’s rights , to facilitate their engagement in social , civic and economic life , and to ensure their full contribution to inclusive growth and sustainable development ; ### enhancing efforts for the adoption of policies and appropriate investment to promote children , women and young people’s rights , including their right to access to culture and education , to facilitate their engagement in social , civic and economic life , and to ensure their full contribution to inclusive growth and sustainable development ;


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


### of solely biological origin , excluding material which is fossilized or embedded in geological formations . ### of solely biological origin , including peat , leonardite , lignite and humic substances obtained from them , but excluding other material which is fossilized or embedded in geological formations .


### cadmium ### cadmium 100 mg / kg p2o5


### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and ### - as of [ publications office , please insert the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide ,


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


### arsenic 60 mg / kg dry matter , ### arsenic 20 mg / kg dry matter ,


### - arsenic 120 mg / kg dry matter . ### - arsenic 20 mg / kg dry matter .


### - arsenic 60 mg / kg dry matter . ### - arsenic 20 mg / kg dry matter .


### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement . ### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least three different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement .


### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement . ### given that the fund aims particularly at enhancing cooperation and competitiveness between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union and the member states . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided .


### the commission will take into account the other activities financed under the horizon europe framework programme in order to avoid unnecessary duplication and ensure the cross - fertilisation between civil and defence research . ### the commission will take into account the other activities financed under the horizon europe framework programme in order to avoid unnecessary duplication and ensure the cross - fertilisation and cooperation between civil and defence research .


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


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


### indirect eligible costs shall be determined by applying a flat rate of 25 % of the total direct eligible costs , excluding direct eligible costs for subcontracting , financial support to third parties and any unit costs or lump sums which include indirect costs . ### where appropriate indirect eligible costs shall be determined on a case by case basis excluding direct eligible costs for subcontracting , financial support to third parties and any unit costs or lump sums which include indirect costs .


### where appropriate , indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission . ### when an ad - hoc evaluation of the indirect eligible costs cannot be made the flat rate of 25% may be applied in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission .


### the fund shall be implemented by annual or multi annual work programmes established in accordance with article [ 110 ] of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . ### the fund shall be implemented by annual or multi annual work programmes established in accordance with article [ 110 ] of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations as well as for the crossborder participation of smes .


### the interim evaluation of the fund shall be performed once there is sufficient information available about the implementation of the fund , but no later than four years after the start of the fund implementation . the interim evaluation report will include notably , an assessment of the governance of the fund , implementation rates , project award results including smes and mid - caps involvement and the degree of their cross - border participation , and funding granted in accordance with article [ 195 ] of the financial regulation by 31 july 2024 . the commission may submit proposals for any appropriate amendments to the present regulation . ### the interim evaluation of the fund shall be performed once there is sufficient information available about the implementation of the fund , but no later than four years after the start of the fund implementation . the interim evaluation report will include notably , an assessment of the governance of the fund , the number of countries involved in individual projects , implementation rates , project award results including smes and mid - caps involvement and the degree of their cross - border participation , and funding granted in accordance with article [ 195 ] of the financial regulation by 31 july 2024 . the commission may submit proposals for any appropriate amendments to the present regulation .


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


### commission recommendation 2016 / 1318 of 29 july 2016 on nearly zero - energy buildings presented how the implementation of the directive could simultaneously ensure the transformation of the building stock and the shift to a more sustainable energy supply , which also supports the heating and cooling strategy14 . to make sure appropriate implementation takes place , the general framework for the calculation of the energy performance of buildings should be updated with the support of the work elaborated by the european committee for standardisation , under mandate m / 480 that was given by the european commission . __________________ 14 com 51 final ### commission recommendation 2016 / 1318 of 29 july 2016 on nearly zero - energy buildings presented how the implementation of the directive could simultaneously ensure the transformation of the building stock and the shift to a more sustainable energy supply , which also supports the heating and cooling strategy14 . to make sure appropriate implementation takes place , the terminology and the general framework for the calculation of the energy performance of buildings should be updated with the support of the work elaborated by the european committee for standardisation , under mandate m / 480 that was given by the european commission . __________________ 14 com 51 final


### the objectives of this directive , namely to reduce the energy needed to meet the energy demand associated with the typical use of buildings , cannot be adequately achieved by the member states acting alone . the objectives of the directive can be more effectively ensured by acting at union level because this guarantees consistency shared objectives , understanding and political drive . therefore , the union adopts measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as also set out in that article , this directive does not go beyond what is necessary to achieve those objectives . ### the objectives of this directive , namely to reduce the energy necessary to meet the energy needs for heating , cooling and hot water and energy uses for lighting and ventilation associated with the typical use of buildings , cannot be adequately achieved by the member states acting alone . the objectives of the directive can be more effectively ensured by acting at union level because this guarantees consistency shared objectives , understanding and political drive . therefore , the union adopts measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as also set out in that article , this directive does not go beyond what is necessary to achieve those objectives .


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


### the energy needs for space heating , space cooling , domestic hot water and adequate ventilation shall be calculated in order to ensure minimum health and comfort levels defined by member states . ### the energy needs for space heating , space cooling , domestic hot water and adequate ventilation , expressed as delivered energy and primary energy , shall be calculated in order to maximise requirements for health , indoor air quality and comfort levels defined by member states . particular attention shall be paid to avoiding the temperature on any inner surface of the building dropping below the dew - point temperature and to avoiding overheating .


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


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


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


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


### in line with the commission communication ' towards an integrated approach to cultural heritage for europe ' of 22 july 201419 , relevant policies and instruments should draw out the long term and sustainability value of europe ' s cultural heritage and develop a more integrated approach to its preservation and valorisation and support . __________________ 19 com / 2014 / 0477 final ### in line with the commission communication ' towards an integrated approach to cultural heritage for europe ' of 22 july 201419 , relevant policies and instruments should draw out the long term and sustainability value of europe ' s tangible and intangible cultural heritage and develop a more integrated approach to its preservation , dissemination , valorisation and support , including through its digitisation . __________________ 19 com / 2014 / 0477 final


### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values or artistic and other individual or collective creative expressions . the activities may include the development , the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or other creative expressions , as well as related functions such as education or management . they will have a potential to generate innovation and jobs in particular from intellectual property . the sectors include architecture , archives , libraries and museums , artistic crafts , audiovisual , tangible and intangible cultural heritage , design , festivals , music , literature , performing arts , books and publishing , radio , and visual arts ; ### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values or artistic and other individual or collective creative expressions , whether those activities are market or non - market oriented . the activities may include the development , the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or other creative expressions , as well as related functions such as education or management . the sectors include architecture , archives , libraries and museums , artistic and traditional crafts , audiovisual , tangible and intangible cultural heritage , design , festivals , music , literature , performing arts , books and publishing , radio , and visual arts ;


### to promote european cooperation on cultural and linguistic diversity and heritage ; ### to promote european cooperation on cultural , artistic and linguistic diversity and tangible and intangible heritage ;


### to increase the competitiveness of the cultural and creative sectors , in particular the audiovisual sector . ### to increase the competitiveness and innovation of the cultural and creative sectors , notably smes , in particular the audiovisual sector .


### enhancing the economic , social and external dimension of european level cooperation to develop and promote european cultural diversity and europe ' s cultural heritage and strengthening the competitiveness of the european cultural and creative sectors and reinforcing international cultural relations ; ### enhancing the economic , social and external dimension of european level cooperation to develop and promote european cultural diversity and europe ' s cultural heritage and strengthening the competitiveness and innovation of the european cultural and creative sectors and reinforcing international cultural relations ;


### to promote international capacity building of european cultural and creative sectors to be active at the international level ; ### to promote international capacity building of european cultural and creative sectors and operators to be active at the international level ;


### to support cross - sectoral transnational policy cooperation including on the role of culture for social inclusion and promote the knowledge of the programme and support the transferability of results ; ### to support cross - sectoral transnational policy cooperation including on the role of culture for social inclusion and promote the knowledge of the programme and support the transferability of results , in order to increase the participation to the programme , notably of smes ;


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


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


### the following entities may be awarded grants without a call for proposal : ### the following entities may exceptionally be awarded grants without a call for proposal in order to finance specific high quality activities in line with the objectives of the programme :