### 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 . ### over recent years , the functioning of the online content marketplace has gained in complexity . online services the main purpose of which is to provide access to content , including copyright - protected content , uploaded by their users without the involvement of right holders have flourished and have become primary sources of access to content online , sometimes unfairly competing with services whose content is licensed directly by rightholders . this affects rightholders ' ability to determine whether , and under which conditions , their work and other subject - matter are being used , as well as their scope for obtaining appropriate remuneration for it .


### publishers , including those of press publications , books or scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in this context , publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography . in a number of member states compensation for uses under those exceptions is shared between authors and publishers . in order to take account of this situation and improve legal certainty for all concerned parties , member states should be allowed to determine that , when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation , publishers are entitled to claim a share of such compensation , whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place . ### publishers , including those of press publications , books or scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in this context , publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography . in a number of member states compensation for uses under those exceptions is shared between authors and publishers . in order to take account of this situation and improve legal certainty for all concerned parties , member states should determine that , when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation , publishers are entitled to claim a share of such compensation . the burden on the publisher to substantiate his claim should not exceed what is required under the system in place .


### 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 . ### collaboration between rightholders and digital content platform providers is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the platforms to identify their content and the platforms should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the platform providers 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 digital content platform providers on the use of their content covered by an agreement . when assessing the proportionality and effectiveness of the measures implemented by the platform provider , any technological constraints and limitations should be taken into due consideration .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights . in addition , when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances , the party with whom they entered into a contract for the exploitation of the rights shall pay proportionate remuneration to the authors and performers . member states shall ensure that this provision is complied with .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that play an active role in storing and / or making available to the public &#8211 ; including by optimising the presentation of the content &#8211 ; copyright protected works or other subject - matter , uploaded by their users , going beyond the mere technical , automatic and passive provision of physical facilities , shall conclude licensing agreements with rightholders . those service providers shall not benefit from the liability exemption provided for in article 14 of directive 2000 / 31 / ec of the european parliament and of the council . where information society service providers are not eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec , they shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter and to prevent the availability on their services of works or other protected subject - matter . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter .


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


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


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


### ‘ press publication’ means a fixation of a collection of literary works of a journalistic nature , which may also comprise other works or subject - matter and constitutes an individual item within a periodical or regularly - updated publication under a single title , such as a newspaper or a general or special interest magazine , having the purpose of providing information related to news or other topics and published in any media under the initiative , editorial responsibility and control of a service provider . ### ‘ press publication’ means a professional fixation under a single title of a collection of literary works of a journalistic nature produced by several authors , which may also comprise other works or subject - matter and constitutes an individual item where : it occurs within a periodical or regularly - updated publication under a single title , such as a newspaper or a general or special interest magazine ; its purpose is to provide information related to news or other topics ; and it is published in any media under the editorial responsibility and control of a service provider .


### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec , insofar as digital uses are concerned . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . ### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . the protection granted to press publications under this directive should also apply where the content is automatically generated by , for example , news aggregators .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### digital content platform providers shall enter into a fair licensing agreement with any requesting rightholder , provided that the category of works covered by the rightholder represents a significant amount of the content displayed on the platform . under the terms of the agreement concluded with rightholders , digital content platform providers shall take measures to ensure the functioning of these agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the platform providers or to authorise by default all content uploaded by a user specified at any point by the rightholder . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the platform providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide the platform provider with the relevant and necessary elements to ensure the proper functioning of the measures deployed by the provider in application of this article .


### where information society service providers store and provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public , they are obliged to conclude licensing agreements with rightholders , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### where information society service providers provide a platform , referred to as a digital content platform , whose main purpose is to give the public direct access to user - generated content , copyright - protected works or other subject - matter actively uploaded or displayed by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public , they should be obliged to conclude licensing agreements with rightholders that request such an agreement , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . the obligation to conclude licencing agreements should not extend to search engines , as defined by directive 2016 / 1148 / eu , and should only encompass rightholders whose category of works is significantly present on the concerned platform . in respect of article 14 of directive 2000 / 31 / ec and eligibility for the liability exemption provided therein , it is necessary to verify the extent of the role played by the platform provider . where the provider plays a sufficiently active role including through the optimisation of the presentation of the uploaded or displayed user - generated content , works or subject - matter or through their promotion , irrespective of the nature of the means used therefor , the provider should no longer be considered to be merely hosting such user - generated content , works or other subject - matter . in order to ensure the functioning of any licensing agreement , platform providers whose main purpose is to provide the public with access to significant amounts of user - generated content , copyright - protected works or other subject - matter uploaded or displayed by their users should take appropriate and proportionate measures to ensure protection of copyright - protected works or other subject - matter , such as implementing effective technologies . this obligation should also apply when those providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec , but have voluntarily entered into agreements with rightholders . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### 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 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 or impossible . this can be due , for example , to the age of the works or other subject - matter or their limited commercial value . 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 .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall be allowed to apply proportionate measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective and shall not prevent research organisations from enjoying the exception provided for in paragraph 1 .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . to prevent unjustified dissemination of the content necessary for text and data mining , research organisations should destroy the content reproduced for the purpose of text and data mining once the all the acts necessary for the research have been performed . research organisations should also benefit from the exception when they enter into public - private partnerships provided that the text and data mining acts performed relate directly to the purpose of the research carried out in the partnership concerned .


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


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


### 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 . ### over recent years , the functioning of the online content marketplace has gained in complexity . online services the main purpose of which is to provide access to content , including copyright - protected content , uploaded by their users without the involvement of right holders have flourished and have become primary sources of access to content online , sometimes unfairly competing with services whose content is licensed directly by rightholders . this affects rightholders ' ability to determine whether , and under which conditions , their work and other subject - matter are being used , as well as their scope for obtaining appropriate remuneration for it .


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so .


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


### ‘ press publication’ means a fixation of a collection of literary works of a journalistic nature , which may also comprise other works or subject - matter and constitutes an individual item within a periodical or regularly - updated publication under a single title , such as a newspaper or a general or special interest magazine , having the purpose of providing information related to news or other topics and published in any media under the initiative , editorial responsibility and control of a service provider . ### ‘ press publication’ means a fixation of a collection of literary works of a journalistic nature produced by one or several authors , which may also comprise other works or subject - matter and constitutes an individual item within a periodical or regularly - updated publication under a single title , such as a newspaper or a general or special interest magazine , having the purpose of providing information related to news or other topics and published in any media under the initiative , editorial responsibility and control of a service provider .


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


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


### 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 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 commercial 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 are often complex and inefficient .


### 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 ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure that the platform providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 , in particular regarding the possible application of an exception or limitation to the content concerned . when such a mechanism is activated , any remuneration accruing from the disputed content during the course of the procedure shall not be distributed to either party until such time as the dispute has been resolved under the mechanism .


### use of protected content by information society service providers storing and giving access to large amounts of works and other subject - matter uploaded by their users ### use of protected content by digital content platform providers


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , libraries and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment , preservation of cultural heritage , user - generated content , reproduction of works permanently situated in public places and use of never - in - commerce works should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted accordingly . the term ' scientific research ' used in this directive is to be understood as referring both to the natural sciences and the human sciences .


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


### actions in the field of providing free local wireless connectivity in local communities shall be financed through grants or forms of financial assistance other than financial instruments . ### actions in the field of providing free and safe local wireless connectivity in local communities shall be financed through grants or forms of financial assistance other than financial instruments .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free and safe local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , providers of public transport facilities and vehicles , libraries and hospitals .


### considering the importance of globalisation , the programme should continue to provide the possibility of involving external experts within the meaning of article 238 of the financial regulation . those external experts should mainly be representatives of governmental authorities , including from non - associated third countries , as well as representatives of international organisations , economic operators , taxpayers and civil society . ### considering the importance of globalisation , the programme should continue to provide the possibility of involving external experts within the meaning of article 238 of the financial regulation .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users with disabilities and data supporting and enabling end - user access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks and services to the extent that a significant number of end - users use such networks to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations .


### conditions applied in accordance with this article are without prejudice to the ability of member states to impose obligations in relation to the presentational aspect of electronic programme guides and similar listing and navigation facilities . ### conditions applied in accordance with this directive are without prejudice to the ability of member states to impose obligations in relation to the presentational aspect of electronic programme guides and other listing and navigation facilities .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### ‘ must carry’ obligations may be applied to specified radio and audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , in particular media pluralism and cultural diversity . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , media pluralism , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


### access to electronic programme guides . ### access to electronic programme guides , including data for connected television services and data to access these services .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks and services . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner .


### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments . ### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of radio and digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states shall impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guides for end - users with disabilities and data supporting and enabling end - users access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and audiovisual media services . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations ; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations ; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , for instance , media pluralism and cultural diversity . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### member states and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other member state is impeded , in particular due to cross - border harmful interference between member states , from allowing on its territory the use of harmonised radio spectrum in accordance with union legislation . ### member states and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other member state is impeded , in particular due to cross - border harmful interference between member states , from allowing on its territory the use of radio spectrum in accordance with union legislation .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### must - carry obligations should be applied in the respect of the principle of technological neutrality taking due account of the rapid evolution of distribution systems and business models affecting the media sector . electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable , iptv , satellite and terrestrial broadcasting . they might also include other networks and services used by a significant number of end - users to receive radio and audiovisual media services . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations to enable end - users to access connect tv services .


### if the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market . ### if the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted solely for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4a in order to limit the quantity of products resulting from that hunt that may be placed on the market .


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted solely for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted for commercial purposes .


### at the same time , seal hunting is an integral part of the culture and identity of the inuit and other indigenous communities and makes a major contribution to their subsistence . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments . for those reasons , by way of exception , regulation no 1007 / 2009 allows the placing on the market of seal products which result from hunts traditionally conducted by inuit and other indigenous communities and which contribute to their subsistence . ### at the same time , seal hunting is an integral part of the culture , socio - economy and identity of the inuit and other indigenous communities , makes a major contribution to their subsistence and is considered sustainable . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments , in particular convention c169 on indigenous and tribal peoples in independent countries , adopted by the international labour organisation in 1989 , whereby inuit and other indigenous communities have the right to self - identification and , by virtue of that right , the right to freely pursue their economic , social and cultural development . for those reasons , by way of exception , regulation no 1007 / 2009 allows and actively supports and promotes the placing on the market of seal products which result from hunts traditionally and sustainably conducted by inuit and other indigenous communities and which contribute to their subsistence . the commission should investigate which appropriate measures can be introduced to counter the potential adverse negative effects the ban on seal products has had on inuit communities as well as how to inform the general public about european indigenous communities .


### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , provided that the following conditions are all satisfied : the hunt has been traditionally conducted by the community ; the hunt contributes to the subsistence of the community and is not conducted primarily for commercial reasons ; the hunt is conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence needs of the community . the above conditions shall apply at the time or point of import for imported products . ### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , provided that the following conditions are all satisfied : the hunt has traditionally been conducted by the community ; the hunt contributes to the subsistence of the community ; the hunt is conducted by a licensed member of the community in a manner which reduces excessive pain , distress , fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence of the community . the above conditions shall apply at the time or point of import for imported products .


### regulation no 1007 / 2009 of the european parliament and of the council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products . those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain , distress , fear and other forms of suffering . such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place . in order to achieve that objective , regulation no 1007 / 2009 introduced , as a general rule , a prohibition of placing on the market of seal products . ____________ 2 regulation no 1007 / 2009 of the european parliament and of the council of 16 september 2009 on trade in seal products . ### regulation no 1007 / 2009 of the european parliament and of the council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products . those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain , distress , fear and other forms of suffering . in order to achieve that objective , regulation no 1007 / 2009 introduced , as a general rule , a prohibition of placing on the market of seal products _______________ 2 regulation no 1007 / 2009 of the european parliament and of the council of 16 september 2009 on trade in seal products .


### at the same time , seal hunting is an integral part of the culture and identity of the inuit and other indigenous communities and makes a major contribution to their subsistence . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments . for those reasons , by way of exception , regulation no 1007 / 2009 allows the placing on the market of seal products which result from hunts traditionally conducted by inuit and other indigenous communities and which contribute to their subsistence . ### at the same time , seal hunting is an integral part of the culture , socio - economy and identity of the inuit and other indigenous communities , makes a major contribution to their subsistence and is considered bio - economically sustainable . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments , in particular convention c169 on indigenous and tribal peoples in independent countries , adopted by the international labour organisation in 1989 . for those reasons , by way of exception , regulation no 1007 / 2009 allows and actively supports and promotes the placing on the market of seal products which result from hunts traditionally and sustainably conducted by inuit and other indigenous communities and which contribute to their subsistence . the commission should investigate which appropriate measures can be introduced to counter the potential adverse negative effects the ban on seal products has had on inuit communities as well as how to inform the general public about european indigenous communities .


### the application of paragraphs 1 and 2 shall not undermine the achievement of the objective of this regulation . ### the application of paragraphs 1 , 1a and 2 shall not undermine the achievement of the objective of this regulation .


### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive&#160 ; 2008 / 98 / ec , the biomass cascading principle , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ; ### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive&#160 ; 2008 / 98 / ec , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ;


### in estimating net greenhouse gas emission saving from the use of biofuels , the member state may , for the purpose of the reports referred to in paragraph 1 , use the typical values given in part a and part b of annex v . ### in article 22 , paragraph 2 is replaced by the following : ' 2 . in estimating net greenhouse gas emission savings from the use of biofuels , the member state may , for the purpose of the reports referred to in paragraph 1 , use the typical values given in part a and part b of annex v , and shall add the estimates for any indirect land - use change emissions to be set out in annex viii . '


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non food cellulosic material or ligno cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost efficient prices on the market , taking into account the assessment contained in the commission report referred to in article 3 of directive 2014 / &#8230 ; / eu ; the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; ### member states shall ensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . this target shall be 2 , 5 % of the final consumption of energy in transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or lingo - cellulosic material by the competent national authorities and are used in existing installations prior to 31 december 2014 may be counted towards the national target in order to take into account investments already made .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec , that can be counted towards targets set out in directive 2009 / 28 / ec , without restricting the overall use of such biofuels and bioliquids . ### to prepare for the increased use of advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to establish mandatory targets for advanced biofuels to be phased in gradually and according to a timetable that will provide predictability and stability for investors and to limit the amount of biofuels and bioliquids obtained from food crops that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the 10% target for transport set in directive 2009 / 28 / ec should be limited by introducing a 6 . 5% cap on such biofuels and bioliquids in 2020 . 1% out of the 10% target could be achieved by counting the use of renewable energy in electric transport or the use of hydrogen in transport .


### the availability and sustainability of biofuels made from feedstocks listed in annex ix , including an assessment of the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , the biomass cascading principle , the maintenance of the necessary carbon stock in the soil and the quality of soil and ecosystems ; and ### the availability and sustainability of biofuels made from feedstocks listed in annex ix , including an assessment of the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , the biomass cascading principle taking into consideration the regional and local economical and technological circumstances , the maintenance of the necessary carbon stock in the soil and the quality of soil and ecosystems ; and


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land - use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop - based biofuel technologies . each member state should promote the consumption of such advanced biofuels , through setting non - legally binding sub - targets at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards such national sub - targets in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land - use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low - carbon transport technologies beyond that date . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land - use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop - based biofuel technologies . each member state should promote the consumption of such advanced biofuels , through setting indicative sub - targets at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards such national indicative sub - targets in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land - use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low - carbon transport technologies beyond that date .


### a greater use of electricity from renewable sources is a means of addressing many of the challenges in the transport sector as well as in other energy sectors . it is therefore appropriate to provide additional incentives to stimulate the use of electricity from renewable sources in the transport sector , and to increase the multiplication factors for the calculation of the contribution from electricity from renewable sources consumed by electrified rail transport and electric road vehicles so as to enhance their deployment and market penetration . ### a greater use of electricity from renewable sources is a means of addressing many of the challenges in the transport sector as well as in other energy sectors . it is therefore appropriate to provide additional incentives to stimulate the use of electricity from renewable sources in the transport sector .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the commission communication of 13 february 2012 entitled ‘ innovating for sustainable growth : a bioeconomy for europe’ and the commission communication of 20 september 2011 entitled ‘ roadmap to a resource efficient europe’ , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for uses other than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water .


### the report referred to in the first subparagraph shall , if appropriate , be accompanied by a legislative proposal , based on the best available scientific evidence , for introducing adjusted estimated indirect land - use change emissions factors into the appropriate sustainability criteria and by a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3 of directive 2009 / 28 / ec . as part of that report , the commission shall , in light of member states ' reports pursuant to article 3 of directive 2009 / 28 / ec , assess the effectiveness of measures taken to prevent and fight fraud , and shall , if appropriate , submit proposals for further measures , including on additional measures to be taken at union level . ### the report referred to in the first subparagraph must take into account the contribution of biofuel production to reducing the eu’s shortage of vegetable protein and shall , if appropriate , be accompanied by a legislative proposal , based on the best available scientific evidence , for promoting the use of renewable sources of energy in transport post 2020 and , if applicable , introducing adjusted estimated indirect land - use change emissions factors into the appropriate sustainability criteria and by a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3 of directive 2009 / 28 / ec . as part of that report , the commission shall , in light of member states ' reports pursuant to article 3 of directive 2009 / 28 / ec , assess the effectiveness of measures taken to prevent and fight fraud , and shall , if appropriate , submit proposals for further measures , including on additional measures to be taken at union level .


### palm oil mill effluent and empty palm fruit bunches . ### sustainable palm oil mill effluent and empty palm fruit bunches .


### part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content ### part b . feedstocks from waste and residues whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content


### for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors . ### paragraph 1 is replaced by the following : ' 1 . for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , and where the estimated indirect land - use change emissions are zero in accordance with part b of annex viii , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v adding the estimates for indirect land - use change emissions set out in annex viii ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors , adding the estimates for indirect land - use change emissions set out in annex viii . '


### biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . ### biodegradable fraction of industrial , retail and wholesale waste , but not waste subject to separate collection under article 11 of directive 2008 / 98 / ec , and provided that the waste hierarchy and the principle of cascading use are respected


### straw . ### cereal and beans straw , provided that the soil carbon fertility is at least maintained .


### biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . ### biomass fraction of industrial waste and residues , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the commission communication of 13 february 2012 entitled ' innovating for sustainable growth : a bioeconomy for europe ' and the commission communication of 20 september 2011 entitled ' roadmap to a resource efficient europe ' , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for uses other than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water .


### palm oil mill effluent and empty palm fruit bunches . ### palm oil mill effluent , fatty acid distillates and empty palm fruit bunches .


### for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors . ### paragraph 1 is replaced by the following : “1 . for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , and where the estimated indirect land - use change emissions are zero in accordance with part b of annex viii , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v adding the estimates for indirect land - use change emissions set out in annex viii ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors , adding the estimates for indirect land - use change emissions set out in annex viii . for the purposes of art 17 from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in annex v to the result obtained pursuant to the first subparagraph . ”


### ' the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis as per annex v , of the biofuels consumed in the union . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . ' . ### ‘ the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the estimated indirect land - use change emissions as per annex v , of the biofuels consumed in the union . the commission shall make data on estimated indirect land - use change emissions publicly available . ’ .