### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec . ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system is , however , not sufficiently effective for fishermen to bring their fishing gear waste on shore . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to finance sound waste management of such fishing gear , in particular recycling . in addition , the commission and member states should work together to create fishing gear waste reduction mechanisms and to facilitate separate collection of fishing waste gear . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec .


### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate . ### sufficient scientific and technical progress has been made , and criteria or a european standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market or consumption , where appropriate .


### this directive shall apply to the single - use plastic products listed in the annex and to fishing gear containing plastic . ### this directive shall apply to the single - use plastic products listed in the annex , to fishing gear containing plastic and to the plastic sheeting used in greenhouses used for agricultural production .


### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which can function as a main structural component of final products , with the exception of natural polymers that have not been chemically modified ; ### ' plastic ' means material which contains as an essential ingredient a high polymer and which , at some stage in its processing into finished products , can be shaped by flow . elastomeric materials , which are also shaped by flow , are not considered to be plastics ;


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to strengthen the union´s leading role in preventing and significantly reducing the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy by reducing the consumption of single - use products , and by promoting sustainable and innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market .


### 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 as defined under article 8 and 8a of directive 2008 / 98 / ec , including the costs of the awareness raising measures referred to in article 10 regarding those products .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and move towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . reductions in overall consumption of single use products is crucial in transitioning to a circular economy . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and significantly reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to strengthen the eu´s leading role to promote the transition to a circular economy with innovative and sustainable business models , products and non - toxic materials , thus also contributing to the efficient functioning of the internal market .


### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation . ### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable and economically viable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation . the proposed measures should always take into account life cycle assessment , to avoid half - way solutions resulting in even worse negative impact on different part of environment or economy as for example replacing plastics by similar material produced from biomaterial without having a clear assessment of biodegradability of such material including biodegradability in the aquatic environment . this directive is without prejudice to the provisions established in directive 94 / 62 / ec regarding single - use plastic products that are considered packaging items as defined by article 3 therein .


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union , and fishing gear which causes significant damage as marine pollution . in addition , in the context of transitioning to a circular economy , member states should aim to achieve an overall reduction in the consumption of all single - use products and packaging . in doing so it has to avoid any discrimination .


### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . ### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit or limit their placing on the union market of products which contain substances and materials for which there are sustainable and available alternatives , unless they meet marine biodegradability standard set at eu level following the commission’s evaluation report as mentioned in article 15 . 3 of the present directive . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . specific criteria should be laid down for assessing the life cycle of these alternatives and determining whether they meet the requirements that are currently met by single - use plastic products , comply with eu legislation on waste and provide greater sustainability .


### marine litter is of a transboundary nature and is recognized as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 which calls to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36 the union must play its part in tackling marine litter and aim to be a standard setter for the world . in this context , the union is working with partners in many international fora such as g20 , g7 and united nations to promote concerted action . this initiative is part of the union efforts in this regard . __________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### 150 million tons of plastics and microplastics have accumulated in the world’s oceans and seas , causing severe damage to marine fauna and flora , the climate and global biodiversity . marine litter is of a transboundary nature and is recognized as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 which calls to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36 the union must play its part in tackling marine litter and aim to be a standard setter for the world , while safeguarding a fair competition environment for its industry . in this context , the union should seek commitments from partners at international level fora such as g20 , g7 and united nations to promote concerted action . this initiative is part of the union efforts in this regard to reduce waste for a sustainable economy . __________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### existing union legislation40 and policy instruments provide some regulatory responses to address marine litter . in particular , plastic waste is subject to overall union waste management measures and targets , such as the recycling target for plastic packaging waste41 and the recently adopted objective in the plastics strategy42 to ensure that all plastic packaging is recyclable by 2030 . however , the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter . in addition , some of those measures , in particular marketing restrictions for single - use plastic products , may create barriers to trade and distort competition in the union . _________________ 40 directive 2008 / 98 / ec , directive 2000 / 59 / ec , directive 2000 / 60 / ec , directive 2008 / 56 / ec and council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 . 41 directive 94 / 62 / ec of the european parliament and of the council of 20 december 1994 on packaging and packaging waste . 42 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) . ### existing union legislation40 and policy instruments provide some regulatory responses to address marine litter . in particular , plastic waste is subject to overall union waste management measures and targets , such as the recycling target for plastic packaging waste41 and the recently adopted objective in the plastics strategy42 to ensure that all plastic packaging is recyclable by 2030 . _________________ 40 directive 2008 / 98 / ec , directive 2000 / 59 / ec , directive 2000 / 60 / ec , directive 2008 / 56 / ec and council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 . 41 directive 94 / 62 / ec of the european parliament and of the council of 20 december 1994 on packaging and packaging waste . 42 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) .


### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which can function as a main structural component of final products , with the exception of natural polymers that have not been chemically modified ; ### ' plastic ' ; a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which functions as the main structural component of final products , with the exception of natural polymers that have not been chemically modified and polymeric coatings , paints , inks and adhesives , which are not capable of acting as a main structural component of final articles and products ;


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking , for example a logo , and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . in that process , the commission should take into account the existing sectorial voluntary agreements that were adopted for this purpose . furthermore , the member states may lay down rules on dissuasive fines and penalties which would apply to those responsible for the release of the litter into the environment .


### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . ### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation , which will make it possible to guarantee the sharing of value online , should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec .


### 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 and preservation of cultural heritage , digital technologies permit new types of uses that are already taken into account by certain member states but are not clearly covered by the current union rules on exceptions and limitations . in addition , certain exceptions and limitations are already provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields . 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 . optional exceptions or limitations for uses of text 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 .


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


### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . such protection should be effectively guaranteed through the introduction , in union law , of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses . ### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore recommended that member states take measures to ensure optimal legal protection for press publications in respect of digital uses . accordingly it is suggested that such protection should be guaranteed through the introduction , where necessary , into national legal systems of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses .


### takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff ; ### takes place on premises where the teaching activities of an educational establishment recognised by the member state in which it is established are carried out or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff ;


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


### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec , insofar as digital uses are concerned . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . ### the rights which may possibly be granted to the publishers of press publications by member states that so decide under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec , insofar as digital uses are concerned . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive .


### text and data mining ### text mining


### 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 constitutional traditions of the member states and the european directives which have been adopted in the area of copyright and related rights have the aim of providing for a high level of protection for rightholders and of creating a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework should make it possible to preserve cultural heritage and to promote the cultural and creative industries , with the purpose of stimulating 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 .


### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution , for example as a result of a transfer of ownership or licence agreements . ### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution or library when copies are owned or permanently held by the institution , for example as a result of a transfer of ownership or licence agreements .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### without prejudice to paragraph 2 , member states shall provide for fair compensation to rightholders for the use of their works or other subject - matter pursuant to paragraph 1 .


### different approaches in the member states for acts of preservation by cultural heritage institutions hamper cross - border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market , leading to an inefficient use of resources . ### article 1 of the unesco convention on the protection and promotion of the diversity of cultural expressions , to which a number of member states , and also the union , are parties , reaffirms ' the sovereign rights of states to maintain , adopt and implement policies and measures that they deem appropriate for the protection and promotion of the diversity of cultural expressions on their territory ' . accordingly , to comply with legal requirements , it is imperative that this directive should not conflict with obligations under international law to protect and preserve the cultural heritage .


### 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 should 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 . it should be possible for them to be applied only in certain special cases and not to conflict with the normal exploitation of the works or other subject - matter or unreasonably prejudice the legitimate interests of the rightholders .


### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . in view of these new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation . ### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution or libraries , which sometimes preserve the regional and / or national heritage , and may consequently require the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . an optional exception may enable member states to act in a proportionate manner , consistently with national legal traditions , with the aim of preserving the cultural heritage .


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


### in order to to safeguard the financial interests of the union ' s budget , systems should be put in place by member states in order to satisfy themselves that interventions financed by the funds are actually carried out and are executed correctly , while maintaining the current robust framework for sound financial management . in accordance with the financial regulation , regulation no 883 / 201315of the european parliament and of the council , council regulation no 2988 / 9516 , council regulation no 2185 / 9617and council regulation 2017 / 193918 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . moreover , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 137119of the european parliament and of the council . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states should have the systems in place allowing them to report to the commission , for the purpose of enabling olaf to exercise its powers and ensure an efficient analysis of cases of irregularity , on detected irregularities and other cases of non - compliance with the conditions established by member states in the cap strategic plan , including fraud and on their follow - up as well as on the follow - up of olaf investigations . to ensure the effective examination of complaints concerning the funds , member states should have in place the necessary arrangements . _________________ 15 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , . 16 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 17 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 18 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 19 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . ### in order to safeguard the financial interests of the union ' s budget , systems should be put in place by member states in order to satisfy themselves that interventions financed by the funds are actually carried out and are executed correctly , while maintaining the current robust framework for sound financial management . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council15 , council regulation no 2988 / 9516 , council regulation no 2185 / 9617 and council regulation 2017 / 193918 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . moreover , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council19 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states should have the systems in place allowing them to report to the commission , for the purpose of enabling olaf to exercise its powers and ensure an efficient analysis of cases of irregularity , on detected irregularities and other cases of non - compliance with the conditions established by member states in the cap strategic plan , including fraud and on their follow - up as well as on the follow - up of olaf investigations . to ensure the effective examination of complaints concerning the funds , member states should have in place the necessary arrangements . _________________ 15 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . 16 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 17 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 18 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office .


### a severe natural disaster gravely affecting the holding ; ### a natural disaster gravely affecting the holding ;


### prior to 1 december but not before 16 october , pay advances of up to 50 % for direct payments interventions ; ### prior to 1 december but not before 16 october , pay advances of up to 75 % for direct payments interventions ;


### the competent authority shall , by way of a formal act , decide on the issuing or , following a review , the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the commission in accordance with point of article 10 . the competent authority shall inform the commission of accreditations and withdrawals of accreditations without delay . ### the competent authority shall , by way of a formal act , decide on the issuing or , following a review , the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the commission in accordance with point of article 10 , taking into account the principle of proportionality . the competent authority shall inform the commission of accreditations and withdrawals of accreditations without delay .


### in order to to safeguard the financial interests of the union ' s budget , systems should be put in place by member states in order to satisfy themselves that interventions financed by the funds are actually carried out and are executed correctly , while maintaining the current robust framework for sound financial management . in accordance with the financial regulation , regulation no 883 / 201315of the european parliament and of the council , council regulation no 2988 / 9516 , council regulation no 2185 / 9617and council regulation 2017 / 193918 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . moreover , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 137119of the european parliament and of the council . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states should have the systems in place allowing them to report to the commission , for the purpose of enabling olaf to exercise its powers and ensure an efficient analysis of cases of irregularity , on detected irregularities and other cases of non - compliance with the conditions established by member states in the cap strategic plan , including fraud and on their follow - up as well as on the follow - up of olaf investigations . to ensure the effective examination of complaints concerning the funds , member states should have in place the necessary arrangements . _________________ 15 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , . 16 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 17 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 18 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 19 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . ### in order to safeguard the financial interests of the union ' s budget , systems should be put in place by member states in order to satisfy themselves that interventions financed by the funds are actually carried out and are executed correctly , while maintaining the current robust framework for sound financial management . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council15 , council regulation no 2988 / 9516 , council regulation no 2185 / 9617 and council regulation 2017 / 193918 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . moreover , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with the financial regulation , any person or entity receiving union funds is to cooperate fully in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states should have the systems in place allowing them to report to the commission , for the purpose of enabling olaf to exercise its powers and ensure an efficient analysis of cases of irregularity , on detected irregularities and other cases of non - compliance with the conditions established by member states in the cap strategic plan , including fraud and on their follow - up as well as on the follow - up of olaf investigations . to ensure the effective examination of complaints concerning the funds , member states should have in place the necessary arrangements . _________________ 15 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . 16 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 17 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 18 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office .


### where , in the framework of the annual performance clearance referred to in article 52 , the commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% and the member state cannot provide duly justified reasons , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where , in the framework of the annual performance clearance referred to in article 52 , the commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% and the member state cannot provide duly justified reasons , the commission may , after informing the european parliament and the council , adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production and rural development .


### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where the member states fail to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may , after informing the european parliament and the council , adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .


### “developing and producing a set of indicators to measure competitiveness ; and” ### in objective 1 . 2 . 1 , second paragraph , the third indent is replaced by the following : “developing and producing a set of indicators to measure competitiveness and take account of its impact on employment rate , working conditions and pay ; and”


### “enhance the indicators and statistical information available on economic globalisation and global value chains for union decision - makers and the public at large . ” ### in objective 1 . 3 . 1 , the first paragraph is replaced by the following : “enhance the indicators and statistical information available on economic globalisation and global value chains for eu decision - makers and the public at large . that information should make for a better understanding of the economic , social and environmental impact of globalisation . ”


### processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic . however , special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically , as is the case for products of hunting and fishing . moreover , for the purposes of consumer information and transparency in the market , and to encourage the use of organic ingredients , it should also be made possible to refer to organic production in the ingredients list under certain conditions . ### processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic . however , special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically , as is the case for products of hunting and fishing . moreover , for the purposes of consumer information and transparency in the market , and to encourage the use of organic ingredients , it should also be made possible to refer to organic production in the ingredients list under certain conditions , and to the origin of organic products .


### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . ### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy , and insufficient implementation of existing rules and controls at union level , can jeopardise public confidence and lead to market failure . therefore , the sustainable development of organic production in the union should be based on sound production rules and harmonised implementation at national and union levels . past experience has revealed major deficiencies in controls at union level . it is therefore important to improve data collection , communication , monitoring and coordination of the implementation of the applicable rules in all member states and at union level . for this purpose , a eu organic agency should be established .


### concerning soil management and fertilisation , conditions should be laid down for the use of cultivation practices allowed in organic plant production and for the use of fertilisers and conditioners . ### concerning soil management and fertilisation , conditions should be laid down for the use of cultivation practices allowed in organic plant production and for the use of fertilisers and conditioners . member states should , in this respect , encourage producers in organic farming areas to form groups in order to reduce the risk of contamination by substances used in conventional farming .


### in order to ensure the traceability of the imported products intended to be placed on the market within the union as organic , the commission shall be empowered to adopt delegated acts in accordance with article 36 concerning documents , issued in electronic form wherever possible , that are necessary for the purposes of import . ### the traceability of the imported products intended to be placed on the market within the union as organic and their conformity to this regulation must be assured . through this implementing act the commission establishes specific rules for the content of the certificates referred to in paragraph 1 and the procedure to be followed for their establishment and control , in particular concerning the role of the competent authorities , control authorities and control bodies , and the possibility of taking regional differences into account in balancing ecological , climate and local conditions , as well as practical conditions regarding specific production matters . these implementing acts are adopted in accordance with the examination procedure referred to in article 37 .


### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . ### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore , the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in this respect , a european monitoring office should be set up to enforce production rules and ensure product traceability so as to meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation .


### organic production is only credible if accompanied by effective verification and controls at all stages of production , processing and distribution . organic production should be subject to official controls or other official activities carried out in accordance with regulation no of the european parliament and of the council33 to verify compliance with the rules on organic production and labelling of organic products . __________________ 33 regulation no xx / xxx of the european parliament and of the council of [ … ] on official controls and other official activities performed to ensure the application of food and feed law , rules on animal health and welfare , plant health , plant reproductive material , plant protection products and amending regulations no 999 / 2001 , 1829 / 2003 , 1831 / 2003 , 1 / 2005 , 396 / 2005 , 834 / 2007 , 1099 / 2009 , 1069 / 2009 , 1107 / 2009 , regulations no 1151 / 2012 , [ … . ] / 2013 [ office of publications , please insert number of regulation laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material ] , and directives 98 / 58 / ec , 1999 / 74 / ec , 2007 / 43 / ec , 2008 / 119 / ec , 2008 / 120 / ec and 2009 / 128 / ec . ### organic production is only credible if accompanied by effective verification and controls at all stages of production , processing and distribution . organic production should be subject to official controls or other official activities carried out in accordance with regulation no of the european parliament and of the council33 to verify compliance with the rules on organic production and labelling of organic products . nevertheless , the official checks to verify the authenticity of organic production and compliance with the rules should not serve needlessly to increase bureaucracy and administrative burdens , either for the control bodies or for organic producers . __________________ 33 regulation no xx / xxx of the european parliament and of the council of [ … ] on official controls and other official activities performed to ensure the application of food and feed law , rules on animal health and welfare , plant health , plant reproductive material , plant protection products and amending regulations no 999 / 2001 , 1829 / 2003 , 1831 / 2003 , 1 / 2005 , 396 / 2005 , 834 / 2007 , 1099 / 2009 , 1069 / 2009 , 1107 / 2009 , regulations no 1151 / 2012 , [ … . ] / 2013 [ office of publications , please insert number of regulation laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material ] , and directives 98 / 58 / ec , 1999 / 74 / ec , 2007 / 43 / ec , 2008 / 119 / ec , 2008 / 120 / ec and 2009 / 128 / ec .


### in order to ensure fair competition among operators , the traceability of the imported products intended to be placed on the market within the union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products , and in order to ensure the management of the list of third countries recognised for the purpose of equivalence under regulation no 834 / 2007 , the power to adopt certain acts should be delegated to the commission in respect of the documents intended for customs authorities in third countries , in particular an organic export certificate , in electronic form wherever possible , the documents necessary for the purposes of import , also in electronic form wherever possible , the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic products , and in respect of the information to be sent by third countries recognised under that regulation necessary for the supervision of their recognition and the exercise of that supervision by the commission , including on - the - spot examination . ### in order to ensure fair competition among operators , the traceability of the imported products intended to be placed on the market within the union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products , and in order to ensure the management of the list of third countries recognised for the purpose of equivalence under regulation no 834 / 2007 , the power to adopt certain acts should be delegated to the commission in respect of the documents intended for customs authorities in third countries , in particular an organic export certificate , which must be provided in electronic form , the documents necessary for the purposes of import , which must also be provided in electronic form , the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic products , and in respect of the information to be sent by third countries recognised under that regulation necessary for the supervision of their recognition and the exercise of that supervision by the commission , including on - the - spot examination .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in this case , the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits , and to refuse to grant those benefits to competing user companies . if it does this , it denies competing user companies a level playing field to conduct their business , and this can , in turn , be detrimental to consumers by reducing choice , increasing costs and restricting access to information and online services . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . for the purposes of this regulation , the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics , price or usage . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall set out clearly and precisely in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . the parameters must be objective and non - discriminatory and must be applied in a consistent and non - discriminatory way .


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the objective , non - discriminatory and reasonable grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users , taking account of all the circumstances , notably when there is no direct alternative to their services .


### any direct or indirect remuneration charged for the use of the online intermediation services concerned ; ### any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services , and any technical or economic benefit that it does not extend to all business users ;


### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . ### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . online intermediation service providers should also provide consumers with a description of the parameters that affect ranking . the parameters should be objective and non - discriminatory and should be applied in a consistent and non - discriminatory way .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision , giving at least 15&#160 ; days ' notice .


### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . ### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications at least for the first removal of a content , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect or remove terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . the use of automated means to remove terrorist content should only be limited to the replication of content that has already been at least once verified and deleted by a human .


### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information . ### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of content has to be undertaken in the absolute observance of freedom of expression and information and should always involve human verification for the first occurrence of removing or disabling said content .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service ' means an electronic communications service whose primary purpose is to enable normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as an a minor ancillary feature that is intrinsically linked to another service ;


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


### “food products” means products listed in annex i to the treaty intended for use as food as well as products not listed in that annex , but processed from those products for use as food ; ### “agricultural and food products” means products listed in annex i to the treaty as well as products not listed in that annex , but processed from those products for use as food ;


### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement : ### member states shall ensure that the following trading practices are prohibited ; otherwise , if the member state wishes to authorise these practises , it must first add them to its list of contentious but authorised practices , in line with article 1 , and ensure that they are agreed in clear and unambiguous terms by both parties at the conclusion of the supply agreement :


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a substantial pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement . the fine should make it possible for the complainant to return its finances to what they were before the offence was committed . the complainant can also claim moral damages if the offence has undermined the complainant ' s interests , harmed its brand image or caused damage other than commercial damage alone .


### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited . however , certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them . ### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . the member states may , where relevant , establish a list of contentious but permitted practices that may be foreseen in clear and unambiguous terms in supply agreements between the parties . practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms are prohibited . however , certain trading practices are considered as unfair by their very nature and legal classification , and should not be subject to the parties’ contractual freedom to deviate from them .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against all manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of agricultural producers or producer organisations . these agricultural producers or producer organisations are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on agricultural enterprises caused by unfair trading practices passes through the chain and affects the morale of agricultural producers , their health and their income , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


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


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer / supplier or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers / suppliers or such natural and legal persons , including producer organisations and associations of producer organisations ;


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in achieving growth , sustainable development and in developing , supporting and implementing union policies , objectives and commitments , and support equitable access to and the uptake of innovative solutions in industry and society to address global challenges and improve people ' s well - being ;


### open access to scientific publications resulting from research funded under the programme shall be ensured in accordance with article 35 . open access to research data shall be ensured in line with the principle ' as open as possible , as closed as necessary ' . open access to other research outputs shall be encouraged . ### open access to scientific publications resulting from research funded under the programme shall be ensured in accordance with article 35 . open access to research data underlying published research findings shall be ensured in line with the principle ' as open as possible , as closed as necessary ' . open access to other research outputs and other relevant research data shall be encouraged .


### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . ### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , only if a call for expressions of interest has not identified suitable external experts . any selection of external experts without a call for expressions of interest must be duly justified and the selection is carried out in a transparent manner .


### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . ### following consultation with independent experts and provided sufficient notice is given to beneficiaries , the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the european research area and foster its competitiveness , including in its industry , research excellence and fundamental research , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals .


### the work programme may provide for additional obligations to use the european open science cloud for storing and giving access to research data . ### the work programme may provide for additional incentives to use the european open science cloud for storing and giving access to research data .


### 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 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 but also other external instruments and initiatives outside of horizon europe .


### in actions under the cluster ‘ inclusive and secure society’ , area of intervention ‘ protection and security’ , beneficiaries having received union funding shall also grant access to their results on a royalty - free basis to member states ' national authorities , for developing , implementing and monitoring their policies or programmes in that area . access shall be limited to non - commercial and non - competitive use and shall be granted upon bilateral agreement defining specific conditions aimed at ensuring that those rights will be used only for the intended purpose and that appropriate confidentiality obligations will be in place . the requesting member state , union institution , body , office or agency shall notify all member states of such requests . ### in actions under the cluster ‘ inclusive and secure society’ , area of intervention ‘ protection and security’ , beneficiaries having received union funding shall also grant access to their results on a royalty - free basis to member states ' national authorities , for developing , implementing and monitoring their policies or programmes in that area . access shall be limited to non - commercial and non - competitive use and shall be granted upon bilateral agreement defining specific conditions aimed at ensuring that those rights will be used only for the intended purpose and that appropriate confidentiality obligations will be in place . such access rights shall not extend to the participants background . the requesting member state , union institution , body , office or agency shall notify all member states of such requests .


### member states shall report the data concerning the implementation of article 5 and for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 5 and every three calendar years to the commission . they shall report this data electronically within 18 months of the end of the three years period for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 3 years ] .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness , especially infrastructure measures . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures , without adding to administrative burden or creating additional payment systems , which would undermine the efficiency of the efsi’s objectives , so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .