### «baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam . ### «baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam / le havre / caen / rouen / cherbourg / dunkerque / calais .


### any additional conditions set by the competent authority in the relevant permit pursuant to points and of article 7 , as regards water quality . ### any well - founded additional conditions set by the competent authority in the relevant permit pursuant to points and of article 7 , as regards water quality .


### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators should perform key risk management tasks . the parameters are based on the technical report of the commission joint research center and reflect the international standards on water reuse . ### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . these requirements should be reflected in tests on reclaimed water which cover all currently known substances . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators should perform key risk management tasks . the parameters are based on the technical report of the commission joint research center and reflect the international standards on water reuse .


### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water . ### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered , according to the latest scientific knowledge on the subject , to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination . however , such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse .


### in the event of non - compliance , the competent authority shall require the reclamation plant operator to take any necessary measures to restore compliance without delay . ### in the event of non - compliance detected after issue of a permit , the competent authority shall require the reclamation plant operator to halt the supply of reclaimed water until the necessary measures to restore compliance have been taken .


### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal security . ### pnr data are collected in order to prevent , detect , investigate and prosecute terrorist offences and serious crime , with the overall aim of enhancing internal security .


### a zero - emission heavy - duty vehicle shall be counted as 2 vehicles ; ### a motorised zero - emission heavy - duty vehicle , whether it is a carrier or a tractor , shall be counted as one vehicle ;


### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu ### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu


### a low - emission heavy - duty vehicle shall be counted as up to 2 vehicles according to a function of its specific co2 emissions and the threshold emission level of 350 g co2 / km . ### a motorised low - emission heavy - duty vehicle shall be counted as just one vehicle , regardless of whether it is a tractor or carrier , according to a function of its specific co2 emissions and the threshold emission level of 350 g co2 / km .


### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition to two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements . ### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition to a maximum of one representative of the commission , in order to maintain the independence of berec from the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements ,


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list of experts drawn up by the commission and by the representatives of the member states following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . ### the management board shall be composed of one representative from each member state and one representative of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra .


### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . notwithstanding , there are still significant disparities between member states as regards regulatory practice . moreover , the governance structure of berec and the berec office is cumbersome and gives rise to unnecessary administrative burden . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , competition in the provision of electronic communications networks , services and associated facilities and the interests of the citizens of the union , this regulation aims to strengthen the role of berec and enhance its governance structure by establishing berec as a union decentralised agency . this also corresponds to the need to reflect the significantly enhanced role played by berec following regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines on several topics , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum . ### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . notwithstanding , there are still significant disparities between member states as regards regulatory practice . however , intergovernmental cooperation between national regulators of electronic communications networks still seems to be the sovereign route .


### the commission may adjust the cap with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 . ### the commission shall adjust the cap with effect from 2021 onwards , in order to reflect wltp calculation . those adjustments shall be performed by means of delegated acts in accordance with article 16 .


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles , as the influence of manufacturers on how the market operates and on consumer habits can prove decisive .


### in determining the credits for the zero - and low - emission vehicles , it is appropriate to account for the difference in co2 emissions between the vehicles . the adjustment mechanism should ensure that a manufacturer exceeding the benchmark level would benefit from a higher specific co2 target . in order to ensure a balanced approach , limits should be set to the level of adjustment possible within that mechanism . this will provide for incentives , promoting a timely roll - out of recharging and refuelling infrastructure and yielding high benefits for consumers , competitiveness , and the environment . ### in determining the credits for the zero - and low - emission vehicles , it is appropriate , in the interests of fair play , to account for the difference in co2 emissions between the vehicles . the adjustment mechanism should ensure that a manufacturer exceeding the benchmark level would benefit from a higher specific co2 target . in order to ensure a balanced approach , limits should be set to the level of adjustment possible within that mechanism . this will provide for incentives , promoting a timely roll - out of recharging and refuelling infrastructure and yielding high benefits for consumers , competitiveness , and the environment .


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles .


### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens . ### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and a higher level of citizen participation in the decision making process .


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall fully state the reason for refusing the registration , clearly indicating the parts that do not fall within its competence , and shall state out the reasons in support of that conclusion . the commission will inform the group of organisers of all possible judicial and extrajudicial remedies available to them .


### partially register the initiative if a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ; ### partially register the initiative if a part of the initiative does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ;


### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . ### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a part of the initiative does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### the abolition of state barriers under the internal market has pushed private parties faced with unfair competition into needing to find other ways of protecting their industries . when left unprotected by their national authorities , traders operating in one member state have had to be imaginative in finding ways of blocking or limiting the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . certain traders , keen to preserve their freedom to conduct business , apply different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . there are objective justifications for such differential treatment : while the internet is a fantastic area of freedom which should be protected , it would be dangerous to disregard both consumer protection and the interests of very small , small and medium - sized enterprises , which have drawn attention to the various risks entailed in ending geo - blocking : the risk that standardisation of supply could produce higher prices ; the fact that many online sales offers are tied to national markets ; or even , the fear that abolishing geo - blocking could stop customised sale of content to a local distributor .


### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation . ### where necessary , member states should designate one or more bodies responsible for taking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings . member states should also be empowered to take exceptional measures to combat unfair competition , fiscal dumping , risks of fraud or risks to national security arising from the activity of selling goods or services on - line .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### this regulation seeks to maintain the principle of territoriality by acknowledging the justification for certain types of differentiated treatment based , directly or indirectly , on the nationality , place of residence or place of establishment of customers .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### it should be stressed that increasing the possibility for customers to access information related to the sales of goods and the provision of services and increasing transparency , including with respect to prices is most definitely necessary ; however , traders , for reasons related to the promotion of local or national heritage , public safety , research and innovation , should be able , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . moreover , in accordance with the principle of freedom to conduct business , there should not be any obligation for the trader to engage in commercial transactions with customers .


### with respect to sales of books , the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws of member states in accordance with union law . ### with respect to sales of books , traders may apply different prices to customers in certain territories in so far as they are required to do so under the laws of member states .


### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council , 18 regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already strictly define justified differential treatments . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the justified differential treatments covered by this regulation typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner , certain traders exercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries ; setting the rights of customers against this freedom to conduct business would be ill - advised as customers ' purchasing power ís intrinsically linked to optimal business conditions . this principle enables local businesses to survive and encourages their transition to digitisation , which is for very many regional areas a factor in innovation and growth . reaffirmation of this territorial principle should bring clarity and legal certainty for all participants in cross - border transactions .


### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . ### this regulation is necessary therefore to maintain the principle of territoriality .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### furthermore , from a legal viewpoint article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 already exists , compelling member states to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . it should be remembered that this directive allows for the possibility to justify differences in treatment . not only is this legal flexibility beneficial for the parties concerned , particularly businesses , but introducing more restrictive rules could also give rise to legal inconsistency . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition of article 4 should also apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### any ban on geo - blocking or equivalent measures should never apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , in the name of compliance with the principle of territoriality , the safeguarding of cultural diversity and the promotion of cultural heritage .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at maintaining the principle of territoriality , including via geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to acknowledge the justification for a certain degree of differential treatment , both direct and indirect , in certain cases , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language of made or the member state where the customer ' s payment instrument has been issued .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment are objectively justified . in those situations , preferential treatment may be applied and the business should consequently be entitled , under the specific conditions laid down in this regulation , to subject commercial transactions to conditions in view of these objective reasons , and thus potentially restrict access to any of the different goods or services offered on the basis of the customer ' s nationality , place of residence or place of establishment . where necessary , member states should therefore take measures to ensure compliance with this freedom of undertakings . moreover , continuing to ensure that traders can direct their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces , is essential .


### 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 . ### member states shall 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 .


### member states shall provide publishers of press publications with the rights provided for in article 2 and article 3 of directive 2001 / 29 / ec for the digital use of their press publications . ### member states may , if they so decide , provide publishers of press publications with the rights provided for in article 2 and article 3 of directive 2001 / 29 / ec for the digital use of their press publications .


### the protection granted to publishers of press publications under this directive should not affect the rights of the authors and other rightholders in the works and other subject - matter incorporated therein , including as regards the extent to which authors and other rightholders can exploit their works or other subject - matter independently from the press publication in which they are incorporated . therefore , publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders . this is without prejudice to contractual arrangements concluded between the publishers of press publications , on the one side , and authors and other rightholders , on the other side . ### the protection granted to publishers of press publications by member states which so wish under this directive should not affect the rights of the authors and other rightholders in the works and other subject - matter incorporated therein , including as regards the extent to which authors and other rightholders can exploit their works or other subject - matter independently from the press publication in which they are incorporated . therefore , publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders . this is without prejudice to contractual arrangements concluded between the publishers of press publications , on the one side , and authors and other rightholders , on the other side .


### member states availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments . ### member states may exclude materials intended chiefly for the educational market from the exception or limitation provided for in article 1 .


### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient . ### a free and pluralist press is essential to ensure quality journalism and access to information for citizens of the member states . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient .


### 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 .


### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market . ### member states shall provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market .


### 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 .


### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market . ### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising at least the acts described in paragraph 1 are easily available on the market and tailored to the needs and specificities of educational establishments .


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


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states may provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions and libraries , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the member states’ defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies .


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least three different member states . the undertakings which are beneficiaries , and any of their subcontractors participating in the action , shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of the member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore at least 30% of the overall budget will benefit such action .


### the commission shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action . ### the union shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between public or private undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least three different member states .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 20% of the total cost of the actions related to prototyping . the totality of the eligible costs should however be covered for other actions in the development phase .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the defence industry in the member states should take place in a manner coherent with the security interests of the union as defined within the context of the common foreign and security policy and the common security and defence policy . it should also allow the maintenance and development of the skills and knowhow of the defence industry in the member states and contribute to strengthening the union ' s technological and industrial autonomy . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . member states ' pesco national implementation plans comprising of concrete actions should be coordinated with the programme . where appropriate regional or international cooperative capability initiatives , such as in the nato context , and serving the union security and defence interest , should also be taken into account and should not lead to duplicated efforts .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the member states’ defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the member states’ defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the member states’ defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster the competitiveness and innovation capacity of the defence industry in the union and to acquire technological and industrial autonomy by supporting actions carried out on union territory in the development phase of defence technologies and products ;


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no&#160 ; 182 / 2011 . the european defence agency shall be invited as observer . ### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no&#160 ; 182 / 2011 .


### the freedom of establishment and the freedom to provide services under the treaty on the functioning of the european union apply to data storage or other processing services . however , the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory . ### the freedom of establishment and the freedom to provide services authorised under the treaty on the functioning of the european union apply to data storage or other processing services . the provision of those services can , however , be hampered by certain national requirements to locate data in a specific territory .


### the union ' s macro - financial assistance should be subject to economic policy conditions , to be laid down in a memorandum of understanding . in order to ensure uniform conditions of implementation and for reasons of efficiency , the commission should be empowered to negotiate such conditions with the ukrainian authorities under the supervision of the committee of representatives of the member states in accordance with regulation no 182 / 2011 . under that regulation , the advisory procedure should , as a general rule , apply in all cases other than as provided for in that regulation . considering the potentially important impact of assistance of more than eur 90 million , it is appropriate that the examination procedure be used for operations above that threshold . considering the amount of the union ' s macrofinancial assistance to ukraine , the examination procedure should apply to the adoption of the memorandum of understanding , and to any reduction , suspension or cancellation of the assistance , ### the union ' s macro - financial assistance is subject to conditions on economic policy and upholding human rights . as ukraine is failing to meet those conditions , macro - financial assistance must be suspended .


### member states shall establish the emission inventories , including adjusted emission inventories , emission projections and the informative inventory report in accordance with annex iv . ### member states shall establish the emission inventories , including if appropriate adjusted emission inventories , emission projections and the informative inventory report in accordance with annex iv .


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


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


### the commission may also specify the format and the necessary information concerning member states ' national air pollution control programmes in the form of implementing acts . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 . ### the commission shall also specify the format and the necessary information concerning member states ' national air pollution control programmes in the form of implementing acts . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 .


### members states that intend to apply paragraphs 1 , 2 and 3 shall inform the commission by 30 september of the year preceeding the reporting year concerned . that information shall include the pollutants and sectors concerned and , where available , the magnitude of the impacts upon national emission inventories . ### members states that intend to apply paragraphs 1 and 3 shall inform the commission by 30 september of the year preceeding the reporting year concerned . that information shall include the pollutants and sectors concerned and , where available , the magnitude of the impacts upon national emission inventories .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### the abolition of state barriers under the internal market has pushed private parties faced with unfair competition into needing to find other ways of protecting their industries . stripped of the protection afforded by national authorities , traders operating in one member state have had to be imaginative in finding ways of blocking or limiting the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions ; certain traders , keen to preserve their freedom to conduct business , apply different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . there are objective justifications for such differential treatment : while the internet is a fantastic area of freedom which should be protected , it would be dangerous to disregard both consumer protection and the interests of very small , small and medium - sized enterprises , which have drawn attention to the various risks entailed in ending geo - blocking : standardisation of supply could produce higher prices ; the fact that many online sales offers are tied to national markets ; or even , the fear that abolishing geo - blocking could stop customised sale of content to a local distributor .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at maintaining the principle of territoriality , including via geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to acknowledge the justification for differential treatment , both direct and indirect , in certain cases , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language of made or the member state where the customer ' s payment instrument has been issued .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner , certain traders exercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries ; setting the rights of customers against this freedom to conduct business would be ill - advised as customers ' purchasing power ís intrinsically linked to optimal business conditions . this principle enables local businesses to survive and encourages their transition to digitisation , which is for very many regional areas a factor in innovation and growth . reaffirmation of this territorial principle should bring clarity and legal certainty for all participants in cross - border transactions .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### furthermore , from a legal viewpoint article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 already exists , compelling member states to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . it should be remembered that this directive allows for the possibility to justify differences in treatment . this legal flexibility is not just beneficial for the parties concerned , and businesses in particular , but introducing rules that are more restrictive could bring about legal inconsistency . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition of article 4 should also apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### any ban on geoblocking or equivalent measures should never apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , in the name of compliance with the principle of territoriality , the safeguarding of cultural diversity and the promotion of cultural heritage .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### where necessary , member states shall designate one or more bodies responsible for taking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### it should be stressed that increasing the possibility for customers to access information related to the sales of goods and the provision of services and increasing transparency , including with respect to prices is most definitely necessary ; however , traders , for reasons related to the promotion of local or national heritage , public safety , research and innovation , may , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . moreover , based on the principle of freedom to conduct business , there should not be any obligation for the trader to engage in commercial transactions with customers .


### in this regulation , the term ‘ court’ shall mean any judicial authority in a member state which is competent for the performance of taking of evidence according to this regulation . ; ### in this regulation , ‘ court’ shall mean any judicial authority in a member state which is competent under the laws of that member state for the performance of taking of evidence according to this regulation and which also meets the autonomous criteria established by the court of justice of the european union .


### there is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in europe . in addition to strengthening the possibilities already offered by the european emergency response capacity , from now on referred to as ' european civil protection pool ' , the commission should also establish resceu . the composition of resceu should include emergency response capacities to respond to wildfires , large - scale floods and earthquakes , as well as a field hospital and medical teams in line with world health organisation standards , that can be rapidly deployed . ### there is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in europe . the commission should strengthen the possibilities already offered by the european emergency response capacity , from now on referred to as ' european civil protection pool ' .


### natural and man - made disasters can strike anywhere across the globe , often without warning . whether of natural or man - made origin , they are becoming increasingly frequent , extreme and complex , exacerbated by the impacts of climate change , and irrespective of national borders . the human , environmental , and economic consequences stemming from disasters can be enormous . ### natural and man - made disasters can strike anywhere across the globe , often without warning , and are more frequent in the overseas territories , which are particularly exposed to certain violent climatic or seismic phenomena and which should therefore receive special consideration when civil protection policies are drawn up . whether of natural or man - made origin , they are becoming increasingly frequent , extreme and complex , exacerbated by the impacts of climate change , and by their very nature irrespective of national borders . the human , environmental , and economic consequences stemming from disasters can be enormous .


### there is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in europe . in addition to strengthening the possibilities already offered by the european emergency response capacity , from now on referred to as ' european civil protection pool ' , the commission should also establish resceu . the composition of resceu should include emergency response capacities to respond to wildfires , large - scale floods and earthquakes , as well as a field hospital and medical teams in line with world health organisation standards , that can be rapidly deployed . ### there is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support between states in europe . in addition to strengthening the possibilities already offered by the european emergency response capacity , from now on referred to as ' european civil protection pool ' , the commission should also establish resceu . the composition of resceu should include emergency response capacities to respond to wildfires , large - scale floods and earthquakes , as well as a field hospital and medical teams in line with world health organisation standards , that can be rapidly deployed .


### for the purposes of this directive , it is necessary to define the concept of press publication in a way that embraces only journalistic publications , published by a service provider , periodically or regularly updated in any media , for the purpose of informing or entertaining . such publications would include , for instance , daily newspapers , weekly or monthly magazines of general or special interest and news websites . periodical publications which are published for scientific or academic purposes , such as scientific journals , should not be covered by the protection granted to press publications under this directive . this protection does not extend to acts of hyperlinking which do not constitute communication to the public . ### for the purposes of this directive , it is necessary to define the concept of press publication in a way that embraces only journalistic publications , published by a service provider , periodically or regularly updated in any media , for the purpose of informing or entertaining . such publications would include , for instance , daily newspapers , weekly or monthly magazines of general or special interest and news websites . periodical publications which are published for scientific or academic purposes , such as scientific journals , should not be covered by the protection granted to press publications under this directive .


### collaboration between 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 and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### welcomes collaboration between 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 and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and no less tan once a year and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights as well as subsequent transferees or licensees , notably as regards modes of exploitation , revenues generated and remuneration due .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### acknowledges that over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it .


### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , pressing , drying , freeze - drying or extraction with water . ### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , pressing , drying , freeze - drying , distillation , extraction with water or any other type of processing that does not make the end - substance subject to the registration obligation under regulation no&#160 ; 1907 / 2006 .


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### for some carcinogens , mutagens or substances which may be toxic to reproduction it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection , and therefore to revise the exposure times and the protection equipment in the light of the minimum limit value indicated for each substance , where substitution is not possible .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission with the support of experts on defence ethics . the commission shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission under the scrutiny of the member states and with the support of experts on defence ethics .


### the impact assessment identified two existing sets of provisions , whose aim could be achieved in a more efficient manner compared to the current situation . first the obligation , before any construction starts , to carry out a feasibility study on highly - efficiency alternative systems becomes an unnecessary burden . second , provisions related to inspections of heating systems and air - conditioning systems were found to not sufficiently ensure , in an efficient manner , the initial and maintained performance of these technical systems . even cheap technical solutions with very short payback periods , such as hydraulic balancing of the heating system and installation / replacement of thermostatic control valves , are insufficiently considered today . provisions related to inspections are amended to ensure a better result from inspections . ### the impact assessment identified two existing sets of provisions , whose aim could be achieved in a more efficient manner compared to the current situation . first the obligation , before any construction starts , to carry out a feasibility study on highly - efficiency alternative systems becomes an unnecessary burden . second , provisions related to inspections of heating systems and air - conditioning systems were found to not sufficiently ensure , in an efficient manner , the initial and maintained performance of these technical systems . even cheap technical solutions with very short payback periods , such as hydraulic balancing of the heating system and installation / replacement of thermostatic control valves , are insufficiently considered today to help consumers who are affected by energy poverty . provisions related to inspections are amended to ensure a better result from inspections .


### in order to adapt this directive to the technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to supplement it by defining the smartness indicator and enabling its implementation . the smartness indicator should be used to measure buildings’ capacity to use ict and electronic systems to optimise operation and interact with the grid . the smartness indicator will raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and will give confidence to the occupant about the actual savings of these new enhanced - functionalities . ### in order to adapt this directive to the technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to supplement it by defining the smartness indicator and enabling its implementation . the commission should firstly carry out a public consultation with the relevant interest groups and member states to determine the definition of the smartness indicator and provisions concerning its implementation . the smartness indicator should be used to measure buildings’ capacity to use ict and electronic systems to optimise operation and interact with the grid . the smartness indicator will raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems . the smartness indicator should be documented in the energy performance certificate at the owner ' s request and therefore be compatible with the energy performance certificates . the energy performance certificate can give confidence to the owner and the occupant about the actual savings of these new enhanced - functionalities .


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


### ‘ 2 . in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 . ### ‘ 2 . in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with milestones and measures to improve the energy performance of their national building stock as set out in 2030 , in line with the long - term 2050 goal .


### taking into account the technical expertise required to assess proposals under specific actions of the programme it should be provided that , where relevant , evaluation committees may be composed of external experts . ### taking into account the technical expertise required to assess proposals under specific actions of the programme it should be provided that , where relevant , evaluation committees may be composed of external experts subject to transparency regarding their appointment and remuneration .


### artistic freedom is at the core of vibrant cultural and creative industries , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote a pluralistic media environment . ### artistic freedom is at the core of vibrant cultural and creative industries , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote a genuinely pluralistic media environment that represents proportionately all recognised currents of political opinion in line with their following .


### promoting media literacy to allow citizens to develop a critical understanding of the media . ### promoting media literacy to enable citizens to be critical about the media , including advertising , while addressing the risks associated with internet use , especially by minors .


### promoting the competitiveness and scalability of the european audiovisual industry ; ### promoting the resilience , competitiveness and scalability of the european audiovisual sector , in particular through support for smes in a sector affected by serious market weaknesses ;


### to enhance the capacity of european cultural and creative sectors to prosper and to generate jobs and growth ; ### to enhance the capacity of european cultural and creative sectors to prosper , win fresh audiences and markets and to generate quality jobs and sustainable growth ;


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


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


### to set up and support programme desks to promote , the programme in their country and to stimulate cross - border cooperation within the cultural and creative sectors . ### to set up and support programme desks located primarily in the european union to promote , the programme in the country concerned and to stimulate european union cross - border cooperation within the cultural and creative sectors .