### upon request , provide technical and scientific support and input to the commission for substances that may comply with the criteria for listing in the convention or the protocol ; ### upon request , provide technical and scientific support and input to the commission for substances that may comply with the criteria for listing in the convention or the protocol , including on the prevention of the production and use of new pops , and on the assessment of pesticides or industrial chemicals currently in use ;


### to exercise the tasks and powers pursuant to article 40 of regulation 2016 / 1624 of the european parliament and of the council* and in addition to the access provided for in article 40 of that regulation , the members of the european border and coast guard teams , as well as teams of staff involved in return - related operations , shall , within their mandate , have the right to access and search data entered in vis . ### to exercise the tasks and powers pursuant to article 40 of regulation 2016 / 1624 of the european parliament and of the council* and in addition to the access provided for in article 40 of that regulation , all officials deployed in operational activities , in particular return related operations , by the european border and coast guard , shall , within their mandate , have the right to access and search data entered in vis .


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


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


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


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


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the actual energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption and environmental impact of energy - related products . it should be supplemented with a product information sheet containing absolute energy consumption and environmental impact data , including information regarding the durability of products and the extent to which they can be repaired or recycled . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where , because of ecodesign measures under directive 2009 / 125 / ec , products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label .


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy under real - life conditions and other resources by energy - related products during use under real - life conditions and supplementary information concerning energy - related products , including the durability of products and the extent to which they can be repaired or recycled , in order to allow customers to choose more sustainable and efficient products .


### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information ; ### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information on the basis of the actual conditions of use ;


### whether for larger appliances a higher level of energy efficiency is required to reach a given energy class ; ### whether for larger appliances a higher level of energy efficiency is required to reach a given energy class , in order to reflect the products ' absolute energy consumption ;


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelve working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least two working days per month , per worker . such right must be subject to appropriate medical and detailed substantiation of the medical condition of the worker ' s relative .


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to this group of eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . _________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection who are highly skilled should not be entitled to apply for an eu blue card . they should not be subject to the same rules as any other third - country national falling within the scope of this directive , holding the statuses of beneficiary of international protection and eu blue card in parallel should not be granted .


### it is necessary to provide for a flexible demand - driven admission system based on objective criteria , such as a work contract or a binding job offer of at least 6 months , a salary threshold adaptable by the member states to the situation in its labour market and higher professional qualifications . ### it is necessary to provide for demand - driven admission system based on objective criteria , such as a work contract of at least 12 months , a salary threshold adaptable by the member states to the situation in its labour market and higher professional qualifications .


### for the purpose of residence of beneficiaries of international protection across member states , it is necessary to ensure that member states other than the one which issued international protection are informed of the protection background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement . ### beneficiaries of international protection must remain in the member state which issued international protection .


### present a valid work contract or , as provided for in national law , a binding job offer for highly skilled employment , of at least six months in the member state concerned ; ### present a valid work contract or , as provided for in national law , &#160 ; for highly&#160 ; qualified employment , of at least&#160 ; 12 months in the member state concerned ;


### where the validity of the eu blue card permit expires during the procedure for renewal , member states shall allow the third - country national to stay on their territory until the competent authorities have taken a decision on the application . ### it is for the member state concerned to decide if the third - country national is allow to stay on their territory until the competent authorities have taken a decision on the application .


### eu blue card holders shall have full access to highly skilled employment in the member state concerned . member states may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in article 5 are communicated in accordance with procedures laid down by national law . ### eu blue card holders shall have access to highly qualified employment in the member state concerned . member states may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in article 5 are communicated in accordance with procedures laid down by national law .


### olive oil is tunisia’s main agricultural export product to the union and the olive oil industry is an important part of the country’s economy . ### olive oil is tunisia’s main agricultural export product to the european union and has varying impacts on the markets of individual member states , and the olive oil industry is an important part of both tunisia’s economy and that of the european union .


### in order to prevent fraud , the envisioned autonomous trade measures should be subject to compliance by tunisia with the union’s relevant rules regarding the origin of products and the procedures related thereto , as well as to tunisia’s effective administrative cooperation with the union . ### in order to prevent fraud , the envisioned autonomous trade measures should be subject to compliance by tunisia with the union’s relevant rules regarding the origin of products and the procedures related thereto , including the mandatory requirement for clear labelling of origin and product classification , as well as to tunisia’s effective administrative cooperation with the union .


### long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next union 2030 energy efficiency target , those measures should deliver new savings after 2020 . on the other hand , energy savings achieved after 31 december 2020 may not count towards the cumulative savings amount required for the period from 1 january 2014 to 31 december 2020 . ### long term energy efficiency measures must continue delivering energy savings of 3% after 2020 but in order to contribute to the next union 2030 energy efficiency target , those measures should deliver new savings after 2020 . on the other hand , energy savings achieved after 31 december 2020 may not count towards the cumulative savings amount required for the period from 1 january 2014 to 31 december 2020 .


### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . ### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . it also requires member states to treat energy efficiency as an infrastructure .


### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 30% binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . ' ; ### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 40% binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and binding national objectives for 2030 . ' ;


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


### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products . ### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , the costs of the awareness raising measures referred to in article 10 regarding those products and , finally , shall contribute to covering the costs of cleaning up litter .


### a flag member state may only issue a fishing authorisation for fishing activities on the high seas if the eligibility criteria in article 5 are fulfilled . ### a flag member state may only issue a fishing authorisation for fishing activities on the high seas if : the eligibility criteria in article 5 are fulfilled ; the planned fishing activities are : - based on an ecosystem - based approach to fisheries management as defined in point 9 of article 4 of regulation no 1380 / 2013 ; and - in accordance with a scientific evaluation , taking into account the conservation of living marine resources and marine ecosystems provided by the national scientific institute of the flag member state .


### the directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action . ### the directives which have been adopted in the area of copyright and related rights provide for a harmonised legal framework , which contributes to the good functioning of the internal market . this legal framework should however be updated , taking into account new digital technologies that pose new challenges in finding the right balance between the protection of intellectual property rights and the new possibilities for consumers and businesses to create , innovate , access and exchange copyright - protected works and other subject matter . furthermore , it should be acknowledged that there is an increasing number of cases where copyright hampers innovation and creativity rather than fostering them . an updated legal framework would contribute to the general public goal of increasing access to , and favouring the dissemination of , creative content , information and knowledge , and to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action .


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


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


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


### 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 or limitation provided for in this directive should therefore benefit all educational , scientific and private study activities for a non - commercial purpose . access to works and other subject matter should take place through a secure electronic network . 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 .


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


### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions . ### for the purpose of those possible licensing mechanisms , a rigorous and well - functioning collective management system is important . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions .


### considering the variety of works and other subject - matter in the collections of cultural heritage institutions , it is important that the licensing mechanisms introduced by this directive are available and can be used in practice for different types of works and other subject - matter , including photographs , sound recordings and audiovisual works . in order to reflect the specificities of different categories of works and other subject - matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms , specific requirements and procedures may have to be established by member states for the practical application of those licensing mechanisms . it is appropriate that member states consult rightholders , users and collective management organisations when doing so . ### considering the variety of works and other subject - matter in the collections of cultural heritage institutions , it is important that the potential licensing mechanisms are easily available and can be used in practice for different types of works and other subject - matter , including photographs , sound recordings and audiovisual works . in order to reflect the specificities of different categories of works and other subject - matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms , specific requirements and procedures may have to be established by member states for the practical application of those potential licensing mechanisms . it is appropriate that member states consult rightholders , users , cultural heritage institutions , educational establishments , other non - commercial documentation centers and collective management organisations when doing so .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial public body . the body should meet with the parties and help with the negotiations by providing professional , external , impartial and affordable advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations , the bearing of the costs and the composition of such bodies . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum .


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


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . such mechanism should allow authors and performers , individually or through representative organisations , to claim an additional and equitable remuneration . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent judicial authority .


### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter . ### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . without jeopardising the further changes likely to be made to the regulatory framework in the future in order to allow for technological developments , it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter .


### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter . ### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the enjoyment of works and other subject - matter .


### use of works and other subject - matter in digital and cross - border teaching activities ### use of works and other subject - matter in digital and cross - border teaching activities and 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 or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching or scientific research , 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 to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states , taking into account the fact that the dissemination of culture and knowledge is in the public interest , shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the purpose of the preservation , consultation , or cataloguing of such works or other subject - matter .


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


### the cultural heritage institution is established , when a member state or a third country could not be determined , after reasonable efforts , according to points and . ### the cultural heritage institution , educational establishment or non - commercial documentation center is established , when a member state or a third country could not be easily determined according to points and .


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the effectiveness of the measures applied to implement the exception referred to in article 7 , including the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 .


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


### this regulation establishes the principles of organic production and lays down the rules concerning organic production and the use of indications referring thereto in labelling and advertising . ### this regulation establishes the principles of organic production and the control and certification thereof and lays down the rules concerning organic production and the processing and distribution of organic products , as well as the use of indications referring thereto in labelling and advertising .


### suckling animals shall be fed in preference on maternal milk for a minimum period ; ### suckling animals must be fed directly on maternal milk for the duration of the natural weaning period ;


### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services . ### this regulation shall apply to online intermediation services and online search engines provided , that target consumers located in the european union , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , seek to offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


### ‘ ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ; ### ‘ ranking’ means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ;


### the descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , the ranking mechanism takes account of the following : ### the descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether the ranking mechanism takes account of the following :


### providers of online intermediation services shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint - handling system . ### providers of online intermediation services shall annually establish and make easily available to the public information on the types of problems that business users face on their online intermediation service and the general functioning of their internal complaint - handling system .


### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 . ### independent mediation shall be voluntary and used only after redress options within the internal complaint - handling system have been exhausted . providers of online intermediation services may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 .


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


### the national coordination office promotes the collaboration with stakeholders such as career guidance services , universities , chambers of commerce and organisations involved in apprenticeships and traineeships schemes . ### the national coordination office promotes the collaboration with stakeholders such as career guidance services , universities , chambers of commerce , organisations representing vulnerable groups on the labour market , such as women ' s organizations , organisations dealing with people with disabilities , and organisations involved in apprenticeships and traineeships schemes .


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


### cluster ' inclusive and secure society ' ; ### ' inclusive , reflective and secure societies ' ;


### cluster ' climate , energy and mobility ' ; ### ' climate , energy and mobility ' ;


### the programme shall be implemented in direct management in accordance with the financial regulation or in indirect management with funding bodies referred to in article 62 of the financial regulation . ### the programme shall be implemented in direct management in accordance with the financial regulation or in indirect management with funding bodies referred to in article 62 of the financial regulation . the programme shall also ensure 50% of the overall envelope of the horizon europe programme contributes to climate objectives .


### the main types of action to be used under the programme are set out and defined in annex ii . all forms of funding shall be used in a flexible manner across all objectives of the programme with their use being determined on the basis of the needs and the characteristics of the particular objectives . ### the main types of action to be used under the programme are set out and defined in annex ii . all forms of funding shall be used in a flexible manner across all objectives of the programme with their use being determined on the basis of the needs and the characteristics of the particular objectives . the programme shall not support activities related to production , processing , distribution , storage or combustion of fossil fuels .


### missions shall be programmed within the pillar ' global challenges and industrial competitiveness ' , but may also benefit from actions carried out within other parts of the programme . ### missions , including the new fet flagships emerging under horizon 2020 , shall be programmed within the pillar ' global challenges and industrial competitiveness ' , but may also benefit from actions carried out within other parts of the programme .


### eur 7 700 000 000 for cluster ' health ' ; ### eur 7 700 000 000 for ' health ' ;


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 10 000 000 000 for ' food and natural resources ' ;


### responsible management of research data shall be ensured in line with the principles ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ . ### responsible management of research data shall be ensured in line with the principles of data ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ .


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


### –lays down the conditions of participation in the programmes , including the calculation of financial contributions to individual programmes and their administrative costs . these contributions shall constitute assigned revenues in accordance with article 21 of the financial regulation ; ### –lays down the conditions of participation in the programme , including the calculation of financial contributions to horizon europe and their administrative costs . these contributions shall constitute assigned revenues in accordance with article 21 of the financial regulation ;


### european research council frontier research actions , european innovation council actions , training and mobility actions or programme co - fund actions may be implemented by one or more legal entities , one of which must be established in a member state or associated country . ### european research council frontier research actions , european innovation council actions , training and mobility actions or programme co - fund actions may be implemented by one or more legal entities , the majority of which must be established in a member state or associated country .


### if necessary to achieve their objectives , calls may be restricted to develop additional activities or to add additional partners to existing actions . ### exceptionally , and only if demonstrably necessary to achieve their objectives , calls may be restricted to develop additional activities or to add additional partners to existing actions .


### in the case of a joint call , joint procedures shall be established for selection and evaluation of proposals . the procedures shall involve a balanced group of experts appointed by each party . ### in the case of a joint call , applying consortia should fulfil the requirements provided in art . 18 , point 2 of this regulation and joint procedures shall be established for selection and evaluation of proposals . the procedures shall involve a balanced group of experts appointed by each party .


### if despite a beneficiary ' s best efforts to exploit its results directly or indirectly no exploitation takes place within a given period as identified in the grant agreement , the beneficiary shall use an appropriate online platform as identified in the grant agreement to find interested parties to exploit those results . if justified on the basis of a request of the beneficiary , this obligation may be waived . ### if despite a beneficiary ' s best efforts to exploit its results directly or indirectly no exploitation takes place within a given period as identified in the grant agreement , the beneficiary shall use an appropriate online platform as identified in the grant agreement to find interested parties to exploit those results . if duly justified on the basis of a request of the beneficiary , this obligation may be waived .


### with the agreement of applicants concerned , the commission or funding bodies implementing horizon europe may directly submit for evaluation under the last evaluation criterion a proposal for an innovation and market deployment action which already fulfils the first two criteria , subject to the following cumulative conditions : ### with the agreement of applicants concerned , the commission or funding bodies implementing horizon europe may directly submit for evaluation under the last evaluation criterion a proposal for an innovation and market deployment action which already fulfils the first three criteria , subject to the following cumulative conditions :


### cluster ' inclusive and secure society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , and promoting socio - economic transformations that contribute to inclusion and growth , while responding to the challenges arising from persistent security threats , including cybercrime , as well as natural and man - made disasters . ### cluster ' inclusive educated and creative society ' : strengthening european democratic values , including rule of law and fundamental rights , enhancing citizens ' participation by promoting e - democracy tools and media literacy initiatives , developing and safeguarding our culture and cultural heritage , supporting in particular research and innovation activities for the development of artistic research in the digital field , of ict technologies for the preservation and digitisation of tangible and intangible cultural heritage as well , exploring the potential of cultural and creative sectors and promoting sustainable socio - economic transformations that contribute to accessibility , inclusion and growth including research related to migration management and integration of migrants .


### areas of intervention : manufacturing technologies ; digital technologies ; advanced materials ; artificial intelligence and robotics ; next generation internet ; high performance computing and big data ; circular industries ; low carbon and clean industry ; space ### areas of intervention : manufacturing technologies ; digital technologies ; cultural and creative industries and sectors - e . g . augmented reality / virtual reality , immersive environments , human computer interfaces , internet protocol and cloud infrastructures , 5g , new media ; technological management of intellectual property rights ; advanced materials ; artificial intelligence and robotics ; blockchain ; next generation internet ; high performance computing and big data ; circular industries ; low carbon and clean industry ; space .


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


### member states shall set up a national strategy for the implementation of the reduction of biodegradable waste going to landfills , not later than two years after the date laid down in article 18 and notify the commission of this strategy . this strategy should include measures to achieve the targets set out in paragraph 2 by means of in particular , recycling , composting , biogas production or materials / energy recovery . within 30 months of the date laid down in article 18 the commission shall provide the european parliament and the council with a report drawing together the national strategies . ### paragraph 1 is replaced by the following : ' 1 . member states shall set up a national strategy for the implementation of the accelerated reduction of biodegradable waste going to landfills , leading to its elimination , not later than 1 january 2019 and notify the commission of this strategy . this strategy must include measures to achieve the targets set out in paragraph 2 , placing a primary emphasis on composting , and secondarily on recycling , biogas production or materials / energy recovery . within 1 july 2019 the commission shall provide the european parliament and the council with a report drawing together the national strategies . '


### member states may exempt existing medium combustion plants which do not operate more than 500 operating hours per year from compliance with the emission limit values set out in part 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply . ### member states may exempt existing medium combustion plants which do not operate more than 1500 operating hours per year from compliance with the emission limit values set out in part 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply .


### risk - based network - wide road assessment has emerged as an efficient and effective tool to identify sections of the network that should be targeted by more detailed road safety inspections and to prioritise investment according to its potential to deliver network - wide safety improvements . the entire road network covered by this directive should therefore be systematically assessed to increase road safety across the union . ### risk - based network - wide road assessment has emerged as an efficient and effective tool to identify sections of the network that should be targeted by more detailed road safety inspections and to prioritise investment according to its potential to deliver network - wide safety improvements . the entire road network covered by this directive should therefore be systematically assessed , including by means of data gathered by electronic and digital means , to increase road safety across the union .


### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles . ### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . road markings and signs should respect minimum quality standards , ensuring that they can be easily and reliably recognised by all road users and by such vehicles . furthermore , they should be harmonised within the union , made interoperable with equipment installed on board vehicles of new conception .


### in order to achieve transparency and improve accountability , key performance indicators should be reported . ### in order to achieve transparency and improve accountability , key performance indicators should be reported so that road users are informed about the state of the infrastructure and their awareness raised .


### 2 c . ‘ network - wide road assessment’ means an assessment of the safety of the road network within the scope of this directive in order to benchmark accident and impact severity risk ; ### 2 c . ‘ network - wide road assessment’ means an assessment of the safety of the road network within the scope of this directive in order to benchmark accident and impact severity risk and high accident concentration sections ; ”


### member states shall ensure that a network - wide road assessment is carried out on the entire road network in operation covered by this directive . network - wide road assessments shall comprise a visual inspection , an analysis of traffic volumes and historic accident data and an assessment of crash and impact severity risk . member states shall ensure that the first assessment is carried out by 2025 at the latest . subsequent network - wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels , but in any case shall be carried out at least every five years . ### member states shall ensure that a network - wide road assessment is carried out on the entire road network in operation covered by this directive . network - wide road assessments shall comprise a visual inspection carried out by trained technicians , data gathered by applying specific monitoring methodologies , such as those based on remote sensing or satellite control , in particular those that are related to the structural performance and to the stability of the infrastructure , an analysis of traffic volumes , relevant reports transmitted by road users as referred to in article 6e , historic accident data and an assessment of crash and impact severity risk , benchmarking these results . member states shall ensure that the first assessment is carried out by 2024 at the latest . subsequent network - wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels , but in any case shall be carried out at least every five years .


### on the basis of the results of the assessment referred to in paragraph 1 , member states shall classify all sections of the road network in no fewer than three categories according to their in - built safety . ### on the basis of the results of the assessment referred to in paragraph 1 , member states shall classify all sections of the road network in three categories according to their safety level , and , as regards bridges and tunnels , to their structural performance .


### member states shall ensure that remedial action is targeted at road sections with low safety levels and which offer the opportunity for the implementation of measures with high benefit - cost ratios . ### member states shall ensure that remedial action is targeted primarily at road sections with low safety levels and which offer the opportunity for the implementation of measures with high benefit - cost ratios .


### road markings and road signs ### road markings road signs


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


### member states shall ensure that , if they do not already exist , training curricula for road safety auditors are adopted by 19 december 2011 . ### article 9 , is amended as follows : paragraph 1 is replaced by the following : “1 . member states shall ensure that training curricula for road safety auditors comply with a common european standard . ”


### in order to improve the safety of union roads , the commission shall establish a system for the exchange of best practices between the member states , covering , inter alia , existing road infrastructure safety projects and proven road safety technology . ### in order to improve the safety of union roads , the commission shall establish a system for the exchange of best practices between the member states , covering , inter alia , existing road infrastructure safety projects and proven road safety technology , including systems to identify road signs both by drivers and vehicles equipped with driver assistance devices .


### member states shall provide a report to the commission by 31st october [ op : please insert the year calculated 24 months following the entry into force ] and every three years thereafter on the percentage of the road network assessed by network - wide road assessment in the preceding three years , and the safety rating of the road sections assessed by category of road users . ; ### member states shall provide a report to the commission by 31st october [ op : please insert the year calculated 24 months following the entry into force ] and every three years thereafter on the percentage of the road network assessed by network - wide road assessment in the preceding three years , the state of progress towards the achievement of the targets set at national level measured by the reduction of fatalities and accidents , the update of national guidelines , including particularly the improvements in terms of technological progress and of protection of vulnerable users , and the safety rating of the road sections assessed by category of road users ;


### delegated acts ### exercise of the delegation


### the delegation of power referred to in article 12 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 1 , 9 and 12 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the power to adopt delegated acts referred to in article 12 shall be conferred on the commission for an indeterminate period of time from [ date of entry into force of this directive ] . ### the power to adopt delegated acts referred to in articles 1 , 9 and 12 shall be conferred on the commission for a period of 5 years from [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### a delegated act adopted pursuant to article 12 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ; ### a delegated act adopted pursuant to articles 1 , 9 and 12 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ;


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


### presence of its devices : queue alerts , variable message signs ; ### presence of its devices : queue alerts , variable message signs , sensors to monitor the structural performance ; ;


### presence of road - rail crossings . ### presence of road - rail crossings , . .


### pedestrian crossing facility on entry arm of minor road joining network . ### pedestrian and cycling crossing facility on entry arm of minor road joining network , including the existence of alternative routes .


### several member states have put in place measures according to which they may restrict the movement of capital between member states and between member states and third countries on grounds of public policy or public security . those measures reflect member states ' objectives and concerns with respect to foreign direct investment , and result in a number of different measures in terms of scope and procedure . other member states do not have such mechanisms . ### several member states have put in place measures according to which they may restrict the movement of capital between member states and third countries on grounds of public policy or public security . those measures reflect member states ' objectives and stakeholders ' concerns with respect to foreign direct investment , and result in a number of different measures in terms of scope and procedure . other member states which do not have such mechanisms should follow the best practices of those who have such mechanisms in place .


### there is currently no comprehensive framework at eu - level for the screening of foreign direct investments on the grounds of security or public order . ### there is currently no comprehensive framework at eu - level for the screening of foreign direct investments on the grounds of economic security and union security or public order .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment shall provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical and strategic infrastructure , technologies , including key enabling technologies , military defence , borders infrastructures and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the economic and national security or public order of other member states should be set up . member states should be able to forward their comments on a planned or a completed investment to the commission , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs , security , strategic interest and competitiveness . this should include in particular projects and programmes involving eu funding or established by union legislation regarding critical infrastructure , defence , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment should be subject to a screening by the commission should be listed in an annex . this list should be promptly updated whenever new projects or programmes are established .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission shall have the possibility to scrutinize foreign direct investments likely to affect projects and programmes of union interest on grounds of economic and union security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving eu funding or established by union legislation regarding critical and strategic infrastructure and borders , critical technologies , defence or critical inputs . for greater clarity , an indicative , but not exhaustive , list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .