### member states ' obligations to draft renewable energy action plans and progress reports and the commission ' s obligation to report on member states ' progress are essential in order to increase transparency , provide clarity to investors and consumers and allow for effective monitoring . regulation [ governance ] integrates those obligations in the energy union governance system , where planning , reporting and monitoring obligations in the energy and climate fields are streamlined . the transparency platform on renewable energy is also integrated in the broader e - platform established in regulation [ governance ] . ### member states ' obligations to draft renewable energy action plans and progress reports and the commission ' s obligation to report on member states ' progress are essential in order to increase transparency , provide clarity to consumers and investors and allow for effective monitoring . regulation … / … [ governance ] integrates those obligations in the energy union governance system , where planning , reporting and monitoring obligations in the energy and climate fields are streamlined . the transparency platform on renewable energy is also integrated in the broader e - platform established in regulation … / … [ governance ] .


### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating the annex , should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure that annex ix takes into account the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , a lifecycle assessment of emissions and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission should regularly evaluate the annex and consider the effects on markets for products , wastes or residues in any amendments that it proposes . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### the lack of transparent rules and coordination between the different authorisation bodies has been shown to hinder the deployment of energy from renewable sources . the establishment of a single administrative contact point integrating or coordinating all permit - granting processes should reduce complexity and increase efficiency and transparency . administrative approval procedures should be streamlined with transparent timetables for installations using energy from renewable sources . planning rules and guidelines should be adapted to take into consideration cost - effective and environmentally beneficial renewable heating and cooling and electricity equipment . this directive , in particular the provisions on the organisation and duration of the permit granting process , should apply without prejudice to international and union law , including provisions to protect the environment and human health . ### the lack of transparent rules and coordination between the different authorisation bodies has been shown to hinder the deployment of energy from renewable sources . member states are therefore urged to coordinate their efforts more closely . administrative approval procedures should be streamlined with transparent timetables for installations using energy from renewable sources . planning rules and guidelines should be adapted to take into consideration cost - effective and environmentally beneficial renewable heating and cooling and electricity equipment . this directive , in particular the provisions on the organisation and duration of the permit granting process , should apply without prejudice to international and union law , including provisions to protect the environment and human health .


### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive . ### the european strategy for a low - carbon mobility of july 2016 pointed out that foodbased biofuels have a limited role in decarbonising the transport sector . in order to foster the uptake of advanced biofuels and ensure investors ' confidence in the consistency of union policies , it is appropriate to maintain at 7 % the share of biofuels and bioliquids produced from food and feed crops in the final consumption of energy in road and rail transport that can be counted towards the union target set out in this directive .


### advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , and renewable electricity in transport can contribute to low carbon emissions , stimulating the decarbonisation of the union transport sector in a cost - effective manner , and improving inter alia energy diversification in the transport sector while promoting innovation , growth and jobs in the union economy and reducing reliance on energy imports . the incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels , including biofuels , and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it . the commission should assess the greenhouse gas performance , technical innovation and sustainability of those fuels . ### together with crop - based biofuels , advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , and renewable electricity in transport can contribute to low carbon emissions , stimulating the decarbonisation of the union transport sector in a cost - effective manner , and improving inter alia energy diversification in the transport sector while promoting innovation , growth and jobs in the union economy and reducing reliance on energy imports . the inclusion of those energy sources in the overall incorporation obligation of 15 % on fuels suppliers should encourage continuous development of advanced fuels , including biofuels , and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it . the commission should assess the greenhouse gas performance , technical innovation and sustainability of those fuels .


### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to extend the annex to new feedstocks . ### highly sustainable crop - based feedstocks , as well as feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to extend the annex to new feedstocks .


### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to extend the annex to new feedstocks . ### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . feedstocks eligible for advanced biofuels comply with the principle of waste hierarchy and do not bring about any significant distortions to the products , waste and residues market . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to extend the annex to new feedstocks .


### biofuels , bioliquids and biomass fuels should always be produced in a sustainable manner . biofuels , bioliquids and biomass fuels used for compliance with the union target laid down in this directive , and those which benefit from support schemes , should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria . ### renewable energy should always be produced in a sustainable manner . biofuels , bioliquids and biomass fuels used for compliance with the targets laid down in this directive , and those forms of renewable energy which benefit from support schemes , should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria .


### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands . such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards . ### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands . such exhaustible resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural or forest raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural or forest raw material does not interfere with such purposes . the sustainable production of agricultural raw material for biofuels , bioliquids and biomass fuels should be based on the local and regional processing of resources . local and regional value chains should therefore be boosted at the same time . forests should be considered as biodiverse according to the sustainability criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards .


### agricultural feedstock for the production of biofuels , bioliquids and biomass fuels should not be produced on peatland as the cultivation of feedstock on peatland would result in significant carbon stock loss if the land was further drained for that purpose while the absence of such drainage cannot be easily verified . ### production of agricultural feedstock for biofuels , bioliquids and biomass fuels should not lead to drainage of undrained peatlands or wetlands as the cultivation of feedstock on peatland or wetland would then result in significant carbon stock loss if the land was further drained for that purpose .


### in order to avoid a disproportionate administrative burden , a list of default values should be laid down for common biofuel , bioliquid and biomass fuel production pathways and that list should be updated and expanded when further reliable data is available . economic operators should always be entitled to claim the level of greenhouse gas emission saving for biofuels , bioliquids and biomass fuels established by that list . where the default value for greenhouse gas emission saving from a production pathway lies below the required minimum level of greenhouse gas emission saving , producers wishing to demonstrate their compliance with this minimum level should be required to show that actual emissions from their production process are lower than those that were assumed in the calculation of the default values . ### in order to avoid a disproportionate administrative burden , a list of default values should be laid down for common biofuel , bioliquid and biomass fuel production pathways and that list should be updated and expanded when further reliable data is available . economic operators should always be entitled to claim the level of greenhouse gas emission saving for biofuels , bioliquids and biomass fuels established by that list . where the default value for greenhouse gas emission saving from a production pathway lies below the required minimum level of greenhouse gas emission saving , producers wishing to demonstrate their compliance with this minimum level should be required to show that actual emissions from their production process are lower than those that were assumed in the calculation of the default values , and that the sourcing area is inside the radius of sustainable transport distance . when radius covers a country , an operator needs to show only the country of origin .


### ' energy from renewable sources ' means energy from renewable non - fossil sources , namely wind , solar and , geothermal energy , ambient heat , tide , wave and other ocean energy , hydropower , biomass , landfill gas , sewage treatment plant gas and biogases ; ### ' energy from renewable sources ' means energy from renewable non - fossil sources , namely wind , solar and , geothermal energy , ambient heat , tide , wave and other ocean energy , hydropower , biomass , biomethane , landfill gas , sewage treatment plant gas and biogases ;


### ‘ ambient heat’ means heat energy at a useful temperature level which is extracted or captured by means of heat pumps that need electricity or other auxiliary energy to function , and which can be stored in the ambient air , beneath the surface of solid earth or in surface water . the reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps ; ### ‘ ambient heat’ means heat energy at a useful temperature level which is extracted or captured by means of heat pumps that need electricity or other auxiliary energy to function , and which can be stored in the ambient air , beneath the surface of solid earth or in surface water . the reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps ; the calculation for the renewable part of the ambient heat is based on the difference between the useful heat supplied to the final consumer by heat pumps and the total primary energy input required to drive the heat pumps . with this methodology it will be also take into account energy consumption and losses for conversion , transmission and distribution .


### ' support scheme ' : means any instrument , scheme or mechanism applied by a member state or a group of member states , that promotes the use of energy from renewable sources by reducing the cost of that energy , increasing the price at which it can be sold , or increasing , by means of a renewable energy obligation or otherwise , the volume of such energy purchased . this includes , but is not restricted to , investment aid , tax exemptions or reductions , tax refunds , renewable energy obligation support schemes including those using green certificates , and direct price support schemes including feed - in tariffs and premium payments ; ### ' support scheme ' : means any instrument , scheme or mechanism applied by a member state or a group of member states , that promotes the use of energy from renewable sources by reducing the cost of that energy , increasing the price at which it can be sold , or increasing , by means of a renewable energy obligation or otherwise , the volume of such energy purchased . this includes , but is not restricted to , research and investment aid , tax exemptions or reductions , tax refunds , renewable energy obligation support schemes including those using green certificates , and direct price support schemes including feed - in tariffs and premium payments ;


### ‘ non - food cellulosic material’ means feedstocks mainly composed of cellulose and hemicellulose , and having a lower lignin content than ligno - cellulosic material ; it includes food and feed crop residues , grassy energy crops with a low starch content , industrial residues , and material from biowaste ; ### ‘ non - food cellulosic material’ means feedstocks mainly composed of cellulose and hemicellulose , and having a lower lignin content than ligno - cellulosic material ; it includes food and feed crop residues , grassy energy crops , cover crops before and after main crops ) , industrial residues , and material from biowaste ;


### ' waste heat or cold ' means heat or cold which is generated as by - product in industrial or power generation installations and which would be dissipated unused in air or water without access to a district heating or cooling system ; ### ' waste heat or cold ' means heat or cold which is produced in residential or industrial buildings or the heat or cold generated as by - product in industrial or power generation installations and which would be dissipated unused in air or water ;


### ‘ advanced biofuels’ means biofuels that are produced from feedstocks listed in part a of annex ix ; ### ' advanced biofuels ' means biofuels that are produced from biomass which meet the sustainability criteria as set out in article 26 of this directive and which has a greenhouse gas reduction saving of 80% .


### ' harvesting permit ' means an official document giving the right to harvest the forest biomass ; ### ' harvesting permit ' means an official right to harvest the forest biomass based on member states ' legislation ;


### support for electricity from renewable sources shall be designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues . ### support for electricity from renewable sources shall be technology neutral and designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise the overall cost - efficiency of the electricity supply . in order to limit market distortions , member states shall phase out support for electricity from those renewable sources that have reached technical maturity and gradually expose them to market prices .


### support for electricity from renewable sources shall be designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues . ### support for electricity from renewable sources shall be focused on innovation support . they shall be designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues .


### for the calculation of a member state ' s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### from 1 january 2021 , for the calculation of a member state ' s gross final consumption of energy from renewable energy sources , member states may set a limit for the contribution from biofuels and bioliquids produced from food or feed crops , as well as from biomass fuels consumed in transport in that member state , in accordance with article 3 . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change .


### for the purposes of paragraph 1 , gross final consumption of electricity from renewable energy sources shall be calculated as the quantity of electricity produced in a member state from renewable energy sources , including the production of electricity from renewable self - consumers and energy communities and excluding the production of electricity in pumped storage units from water that has previously been pumped uphill . ### for the purposes of paragraph 1 , gross final consumption of electricity from renewable energy sources shall be calculated as the quantity of electricity produced in a member state from renewable energy sources , including the production of electricity from renewable self - consumers and energy communities .


### ambient heat energy captured by heat pumps shall be taken into account for the purposes of paragraph 1 provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps . the quantity of heat to be considered as energy from renewable sources for the purposes of this directive shall be calculated in accordance with the methodology laid down in annex vii . ### renewable ambient heat energy captured by heat pumps shall be taken into account for the purposes of paragraph 1 provided that the useful energy output significantly exceeds the total primary energy input required to drive the heat pumps considering also energy consumption and losses for energy conversation , transmission and distribution . the quantity of heat to be considered as energy from renewable sources for the purposes of this directive shall be calculated in accordance with the methodology laid down in annex vii .


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , in the goal of increasing the share of energy from renewable sources in transport , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , member states shall set the fuel incorporation obligation and shall require fuel suppliers to increase gradually the share of renewable energy from biofuels , advanced biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , and from renewable electricity supplied for transport to at least 15 % in 2030 in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### for the calculation of the denominator , that is the energy content of road and rail transport fuels supplied for consumption or use on the market , petrol , diesel , natural gas , biofuels , biogas , renewable liquid and gaseous transport fuels of non - biological origin , waste - based fossil fuels and electricity , shall be taken into account ; ### for the calculation of the denominator , that is the energy content of road and rail transport fuels supplied for consumption or use on the market , petrol , diesel , natural gas , biofuels , biogas , renewable liquid and gaseous transport fuels of non - biological origin , and electricity , shall be taken into account


### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account . ### for the calculation of the numerator , the energy content of biofuels and other biofuels and biogas , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles and rail transport , shall be taken into account .


### non - natural , namely grassland that would cease to be grassland in the absence of human intervention and which is species - rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority , unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland . ### non - natural , namely grassland that would cease to be grassland in the absence of human intervention and which is species - rich and not degraded or has been identified as being highly biodiverse by the relevant competent authority , unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland .


### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 . ### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 unless evidence is provided to show that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil .


### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 . ### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 , unless verifiable evidence is provided that the cultivation and harvesting of raw material does not involve drainage of previously undrained soil .


### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 . ### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil .


### the impacts of forest harvesting on soil quality and biodiversity are minimised ; and ### harvesting is carried out considering maintenance of soil quality and biodiversity ; and


### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that : ### the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if additional information of legality and forest management practices are provided at the supply base level to ensure that :


### the forest biomass has been harvested according to a legal permit ; ### harvesting is carried out in accordance with the conditions of the harvesting permit procedure or equivalent proof of the legal right to harvest ;


### areas of high conservation value , including peatlands and wetlands , are identified and protected ; ### areas designated , by law or by the relevant competent authority , for nature conservation purposes , including wetlands and peatlands , are protected ;


### impacts of forest harvesting on soil quality and biodiversity are minimised ; ### harvesting is carried out considering maintenance of soil quality and biodiversity ; and


### harvesting does not exceed the long - term production capacity of the forest . ### harvesting maintains or improves long - term productivity capacity of forests at country or regional level .


### biofuels , bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production : the country in which forest biomass was harvested has national and / or sub - national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that : harvesting is carried out in accordance to the conditions of the harvesting permit within legally gazetted boundaries ; ii ) forest regeneration of harvested areas takes place ; iii ) areas of high conservation value , including wetlands and peatlands , are protected ; iv ) the impacts of forest harvesting on soil quality and biodiversity are minimised ; and v ) harvesting does not exceed the long - term production capacity of the forest ; when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that : the forest biomass has been harvested according to a legal permit ; ii ) forest regeneration of harvested areas takes place ; iii ) areas of high conservation value , including peatlands and wetlands , are identified and protected ; iv ) impacts of forest harvesting on soil quality and biodiversity are minimised ; v ) harvesting does not exceed the long - term production capacity of the forest . ### biofuels , bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production : the country in which forest biomass was harvested has national and / or sub - national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that : harvesting is carried out in accordance to the conditions of the harvesting permit or equivalent proof of the legal right to harvest within the national or regional legally gazetted boundaries ; ii ) forest regeneration of harvested areas takes place ; iii ) areas designated , by international or national law or by the relevant competent authority , to promote the maintenance of biodiversity or for nature conservation purposes , including in wetlands and peatlands , are protected ; iv ) harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts ; and v ) harvesting maintains or improves the long - term production capacity of the forest at national or regional level ; b ) when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if additional information of legality and forest management practices are provided at the supply base level to ensure that : harvesting is carried out in accordance with the conditions of the harvesting permit procedure or equivalent national or regional proof of the legal right to harvest ; ii ) forest regeneration of harvested areas takes place ; iii ) areas designated , by international or national law or by the relevant competent authority , to promote the maintenance of biodiversity or for nature conservation purposes , including in wetlands and peatlands , are protected ; iv ) harvesting is carried out considering maintenance of soil quality and biodiversity ; including surrounding areas provided that they are affected by the harvesting activities ; v ) harvesting maintains or improves long - term production capacity of the forest at national or regional level ; and vi ) environmental and nature regulations or measures are in place and in line with the relevant union environmental and nature standards .


### harvesting is carried out in accordance to the conditions of the harvesting permit within legally gazetted boundaries ; ### harvesting is carried out in accordance to the conditions of the harvesting permit or equivalent proof of the legal right to harvest within the national or regional legally gazetted boundaries .


### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that : ### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if additional information of legality and forest management practices are provided at the supply base level to ensure that :


### the forest biomass has been harvested according to a legal permit ; ### harvesting is carried out in accordance with the conditions of the harvesting permit procedure or equivalent national or regional proof of the legal right to harvest ;


### areas of high conservation value , including peatlands and wetlands , are identified and protected ; ### areas designated , by law or by the relevant competent authority , to promote the maintenance of biodiversity or for nature conservation purposes , including wetlands and peatlands , are protected and including areas designated by international and national law as well as european , national and regional authorities ;


### harvesting does not exceed the long - term production capacity of the forest . ### harvesting maintains or improves long - term productivity capacity of the forest at country or regional level .


### the forest biomass has been harvested according to a legal permit ; ### the forest biomass has been harvested legally ;


### harvesting does not exceed the long - term production capacity of the forest . ### harvesting maintains or improves the long - term productivity capacity of the forest .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2023 , the commission shall assess , in close collaboration with the member states , whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period after 2030 .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2026 , the commission shall , in collaboration with the standing forestry committee , assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal for the period after 2030 to modify the requirements laid down in paragraphs 5 and 6 .


### at least 50 % for biofuels and bioliquids produced in installations in operation on or before 5 october 2015 ; ### at least 50 % for biofuels , fuel derived from biomethane for use in transport and bioliquids produced in installations in operation on or before 5 october 2015 ;


### at least 60 % for biofuels and bioliquids produced in installations starting operation from 5 october 2015 ; ### at least 60 % for biofuels , fuel derived from biomethane for use in transport and bioliquids produced in installations starting operation from 5 october 2015 ;


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85% for installations starting operation after 1 january 2026 . ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 80% for installations starting operation after 1 january 2026 .


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85 % for installations starting operation after 1 january 2026 . ### at least 80 % for electricity , heating and cooling production from solid biomass fuels used in installations starting operation after 1 january 2021 . the commission shall assess , in view of the technology progress made , whether a minimum threshold of 85 % for installations starting operation after 1 january 2026 should be established . the commission shall propose , where appropriate , that this paragraph be revised by means of a delegated act .


### for the purposes referred to in points , and of paragraph 1 , member states may place additional sustainability requirements for biomass fuels . ### for the purposes referred to in points , and of paragraph 1 , member states may place additional sustainability requirements for biofuels , bioliquids and biomass fuels . these additional criteriashall be justified taking into account the functioning of the internal market . sustainability and greenhouse gas emissions saving criteria shall apply similarly to biofuels , bioliquids and biomass fuels produced in the eu or imported from third - countries .


### the delegation of power referred to in articles 7 , 7 ; 19 , 19 , 25 and 28 ### the delegation of power referred to in articles 19 , 19 , 25 and 28


### saving = – e b / e f ) ### saving = – e b ) / e f


### emission saving from carbon capture and replacement , eccr , shall be related directly to the production of biofuel or bioliquid they are attributed to , and shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used in the energy or transport sector . ### emission saving from carbon capture and replacement or use , eccru , of co2 generated by the production of biofuel or bioliquid shall be limited to emissions avoided through the capture of co2 which is used for commercial purposes .


### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin . ### biomass fraction of residual wastes and residues from forest - based industries that does not cause displacement of the existing material use of the residues , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin .


### in order for the union to be fully able to exercise its exclusive competence in relation to its common commercial policy , it will become a contracting party to the geneva act of the lisbon agreement on appellations of origin and geographical indications 2 pursuant to council decision &#8230 ; / &#8230 ; 3 the contracting parties to the geneva act are members of a special union created by the lisbon agreement for the protection of appellations of origin and their international registration4 . in accordance with article 3 of decision &#8230 ; / &#8230 ; , the union is to be represented by the commission in the special union . __________________ 2 http : / / www . wipo . int / edocs / lexdocs / treaties / en / lisbon / trt_lisbon_009en . pdf . 3 oj l [ … ] , [ … ] , p . [ … ] . 4 http : / / www . wipo . int / export / sites / www / lisbon / en / legal_texts / lisbon_agreement . pdf . ### in order for the union to be fully able to exercise its exclusive competence in relation to its common commercial policy , and in full compatibility with its commitments under the agreement on the trade - related aspects of intellectual property rights of the world trade organization , it will become a contracting party to the geneva act of the lisbon agreement on appellations of origin and geographical indications 2 pursuant to council decision &#8230 ; / &#8230 ; 3 the contracting parties to the geneva act are members of a special union created by the lisbon agreement for the protection of appellations of origin and their international registration4 . in accordance with article 3 of decision &#8230 ; / &#8230 ; , the union is to be represented by the commission in the special union . __________________ 2 http : / / www . wipo . int / edocs / lexdocs / treaties / en / lisbon / trt_lisbon_009en . pdf . 3 oj l [ … ] , [ … ] , p . [ … ] . 4 http : / / www . wipo . int / export / sites / www / lisbon / en / legal_texts / lisbon_agreement . pdf .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that the parties fix appropriate remuneration . to be deemed appropriate , such remuneration should be reasonable in relation to the economic value of the service provided and take into account all aspects of the ancillary online service such as the features of the service , the actual and potential audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and all language versions and subtitled versions .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks and via the open internet if a controlled environment and a definable user group can be ensured , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial direct or indirect transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial direct or indirect transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 .


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### without prejudice to the principle of&#160 ; territorial exploitation of rights , to the option of transfer of exclusive rights and to the principle of contractual freedom , the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the appropriate amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service . to be deemed appropriate , such an amount must be reasonable in relation to the economic value of the service provided and , in particular , take into account the features of the ancillary online service , the actual and potential audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and all language versions and subtitled versions .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should make a joint choice between standard time and summer time at eu level and member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### this directive should not prejudice the existing right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information .


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### this directive shall apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . member states should take the decision on the standard time that each of them will apply as from 2019 in a concerted manner , so that any change implemented at eu level and in the member states in connection with the implementation of this directive maintains the harmonisation of time zones in the eu at least at the current level .


### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 . ### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , in consultation with the other member states , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . in doing so , the member states shall adopt a harmonised approach . the member states shall notify this decision in accordance with article 2 .


### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 . ### notwithstanding paragraph 1 , member states may , for a final time , apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 .


### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december 2024 at the latest . ### the commission shall report to the european parliament and to the council on the implementation of this directive , with a particular focus on analysing the impact on eu policy , including the single market , and on efforts to protect public health , by 31 december 2024 at the latest .


### data reported by member states are essential for the commission to monitor , review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation , in accordance with paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201649 . it is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation , on the basis of data collected during implementation , possibly complemented by additional scientific , analytical data . in that context , there is a need for relevant data that will allow better assessment of the efficiency , effectiveness , relevance , coherence and eu value added of union legislation , hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose . _________________ 49 oj l 123 , 12 . 5 . 2016 , p . 1 . ### the process of member states’ comprehensive and timely reporting of relevant data is essential for the commission to monitor , review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation , in accordance with paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201649 . it is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation , on the basis of data collected during implementation , possibly complemented by additional scientific , analytical data . in that context , there is a need for relevant data that will allow better assessment of the efficiency , effectiveness , relevance , coherence and eu value added of union legislation , hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose . _________________ 49 oj l 123 , 12 . 5 . 2016 , p . 1 .


### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . this report shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive . ' ; ### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . this report shall be made available to the public and shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive . ' ;


### the commission , assisted by the european environment agency , shall prepare every six years a composite report based on the information referred to in paragraph 1 . ### the commission , assisted by the european environment agency , shall prepare and publish , every six years , a composite report based on the information referred to in paragraph 1 .


### the commission services shall publish a union overview on the basis of the data submitted by the member states . ### the commission services shall publish , and regularly update , a union overview on the basis of the data submitted by the member states .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives inter alia through the restructuring of coal mining regions ;


### a smarter europe by promoting innovative and smart economic transformation ; ### ' a competitive and a smarter europe by strengthening its economic , social and territorial cohesion and by promoting innovative and smart economic transformation '


### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ; ### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , structural and climate adaptation and risk prevention and management ;


### the commission may implement outermost regions ' cooperation under the european territorial cooperation goal under indirect management . ### the commission may implement outermost regions ' cooperation under the european territorial cooperation goal under indirect management , with the prior agreement of the parties .


### the member state shall submit the partnership agreement to the commission before or at the same time as the submission of the first programme . ### the member state shall submit the partnership agreement to the commission before or at the same time as the submission of the first programme , but not later than december 31 , 2021 .


### the selected policy objectives indicating by which of the funds and programmes they will be pursued and a justification thereto , and where relevant , a justification for using the delivery mode of the investeu , taking into account relevant country - specific recommendations ; ### the selected policy objectives indicating by which of the funds and programmes they will be pursued and a justification thereto , and where relevant , a justification for using the delivery mode of the investeu , taking into account , among others , relevant country - specific recommendations ;


### the commission shall assess the partnership agreement and its compliance with this regulation and with the fund - specific rules . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations . ### the commission shall assess the partnership agreement and its compliance with this regulation and with the fund - specific rules . in its assessment , the commission shall , take into account the provisions of articles 4 and 8 and , if the case , relevant country - specific recommendations .


### the commission may make observations within three months of the date of submission by the member state of the partnership agreement . ### the commission may make observations within two months of the date of submission by the member state of the partnership agreement .


### the member state shall review the partnership agreement taking into account the observations made by the commission . ### within one month the member state shall review the partnership agreement taking into account the observations received from the commission .


### the member state shall review the programme taking into account the observations made by the commission . ### within one month the member state shall review the programme taking into account the observations received from the commission .


### the commission shall adopt a decision by means of an implementing act approving the partnership agreement no later than four months after the date of submission of that partnership agreement by the member state concerned . the partnership agreement shall not be amended . ### the commission shall adopt a decision by means of an implementing act approving the partnership agreement no later than four months after the date of first submission of that partnership agreement by the member state concerned . the partnership agreement shall not be amended .


### the related types of actions , including a list of planned operations of strategic importance , and their expected contribution to those specific objectives and to macro - regional strategies and sea - basin strategies , where appropriate ; ### the related types of actions , including a list of planned operations of strategic importance , and their expected contribution to those specific objectives and to macro - regional strategies and sea - basin strategies , where appropriate , and a time - table ;


### the commission shall assess the programme and its compliance with this regulation and with the fund - specific regulations , as well as its consistency with the partnership agreement . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations . ### the commission shall assess the programme and its compliance with this regulation and with the fund - specific regulations , as well as its consistency with the partnership agreement . in its assessment , the commission shall , take into account the provisions of articles 4 and 8 and , if the case , relevant country - specific recommendations .


### the member state shall review the amended programme and take into account the observations made by the commission . ### within one month the member state shall review the amended programme and take into account the observations received from the commission .


### the commission shall adopt a decision by means of an implementing act approving the programme no later than six months after the date of submission of the programme by the member state . ### the commission shall adopt a decision by means of an implementing act approving the programme no later than four months after the date of first submission of the programme by the member state .


### the commission shall assess the amendment and its compliance with this regulation and with the fund - specific regulations , including requirements at national level , and may make observations within three months of the submission of the amended programme . ### the commission shall assess the amendment and its compliance with this regulation and with the fund - specific regulations , including requirements at national level , and may make observations within two months of the submission of the amended programme .


### the commission shall approve the amendment of a programme no later than six months after its submission by the member state . ### the commission shall approve the amendment of a programme no later than four months after its first submission by the member state .


### for the erdf support under the investment for jobs and growth goal , and for the cohesion fund support : 2 . 5 % ; ### for the erdf support under the investment for jobs and growth goal , and for the cohesion fund support : 2 . 5 % ; for the outermost regions , 4&#160 ; % ;


### for the esf + support : 4 % and for programmes under article 4 of the esf + regulation : 5 % ; ### for the esf + support : 4 % and 5 % for the outermost regions and for programmes under article 4 of the esf + regulation : 5 % ;


### for the emff support : 6 % ; ### for the emff support : 6 % ; for the outermost regions , 7 % ;


### the managing authority shall electronically transmit to the commission cumulative data for each programme by 31 january , 31 march , 31 may , 31 july , 30 september and 30 november of each year in accordance with the template set out in annex vii . ### the managing authority shall electronically transmit to the commission cumulative data for each programme by 31 may and 30 november of each year in accordance with the template set out in annex vii .


### the first transmission shall be due by 31 january 2022 and the last one by 31 january 2030 . ### the first transmission shall be due by 31 may 2022 and the last one by 31 january 2030 .


### the managing authority shall ensure that , within six months of the programme ' s approval , there is a website where information on programmes under its responsibility is available , covering the programme ' s objectives , activities , available funding opportunities and achievements . ### the managing authority shall ensure that , within six months of the programme ' s approval , there is a website where information on programmes under its responsibility is available , covering the programme ' s objectives , activities , call for proposals&#160 ; time - table , available funding opportunities and achievements .


### operations shall not be selected for support by the funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority , irrespective of whether all related payments have been made . ### operations shall not be selected for support by the funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority , irrespective of whether all related payments have been made . this paragraph shall not apply to the aid provided for in article 21 of regulation no xxx regarding compensation for additional fishery and aquaculture product costs in the outermost regions and operations relating to the specific additional allocation for the outermost regions in regulation xxxx .


### 2021 : 0 . 5 % ; ### 2021 : 1 % ;


### the amount of additional funding for the outermost regions referred to in point in paragraph 1 allocated to the esf + shall be eur 376 928 934 . ### eur 376 928 934 shall be added from the esf + to the amount of additional funding for the outermost regions referred to in point in paragraph 1 .


### 30% of the resources transferred to the cef shall be available immediately after the transfer to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with regulation [ the new cef regulation ] . ### 40% of the resources transferred to the cef shall be available immediately after the transfer to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with regulation [ the new cef regulation ] .


### 30% of the resources transferred to the cef shall be available immediately after the transfer to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with regulation [ the new cef regulation ] . ### 50% of the resources transferred to the cef shall be available immediately after the transfer to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with regulation [ the new cef regulation ] .


### 70 % for the less developed regions ; ### less developed regions : - 85 % for economic projects providing sustainable jobs and growth - 70 % for other projects


### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 70 % . ### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 70 % , except for the outermost regions , where the rate should not be higher than 85 % .


### the co - financing rate for interreg programmes shall be no higher than 70 % . ### the co - financing rate for interreg programmes shall be no higher than 70 % , except for the outermost regions , where the rate should be no higher than 85 % .


### to the amounts by nuts level 2 region obtained in accordance with point is added , an amount resulting from the allocation of a premium of eur 400 per person per year , applied to the population share of the region of net migration from outside the eu to the member state since 1 january 2013 . ### to the amounts by nuts level 2 region obtained in accordance with point is added , an amount resulting from the allocation of a premium of eur 1000 per person per year , applied to the population share of the region of net migration from outside the eu to the member state since 1 january 2013 .


### it is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected . ### it is necessary to introduce the accessibility requirements in the most effective and least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected .


### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v . ### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v and that they regularly consult organisations representing persons with disabilities .


### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an earlier stage in respect of such products . ### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state whereby interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with organisations representing persons with disabilities and the relevant economic operators , to act at an earlier stage in respect of such products .


### the penalties provided for shall be effective , proportionate and dissuasive . ### the penalties provided for shall be effective , proportionate and dissuasive but shall not constitute an alternative for the economic actor as regards the fulfilment of its responsibilities to make its products or services accessible .


### by [ …insert date - five years after the application of this directive ] , and every five years thereafter , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the application of this directive . ### by [ …insert date - three years after the application of this directive ] , and every three years thereafter , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the application of this directive .


### the objective of this directive is to remove obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length . ### the objective of this directive is to remove obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . this directive aims at removing such obstacles by ensuring that viable enterprises and personally liable entrepreneurs in financial difficulties have access to effective national preventive rapid restructuring frameworks which enable them to continue operating ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time , during which they have gone through insolvency proceedings ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length .


### restructuring should enable enterprises in financial difficulties to continue business in whole or in part , by changing the composition , conditions or structure of assets and liabilities or of their capital structure , including by sales of assets or parts of the business . preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency . those frameworks should maximise the total value to creditors , owners and the economy as a whole and should prevent unnecessary job losses and losses of knowledge and skills . they should also prevent the build - up of non - performing loans . in the restructuring process the rights of all parties involved should be protected . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible . ### restructuring and the result of appropriate and viable expert reports should enable enterprises in financial difficulties to continue business in whole or in part , by changing the composition , conditions or structure of assets and liabilities or of their capital structure , including by sales of assets or parts of the business . preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency and the liquidation of viable companies . those frameworks should prevent job losses and loss of knowledge and skills , and maximise the total value to creditors in comparison with that which they would receive in the event of the liquidation of the company assets , to owners and the economy as a whole . they should also prevent the build - up of non - performing loans . in the restructuring process the rights of all parties involved should be protected , including those of workers . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible .


### restructuring should enable enterprises in financial difficulties to continue business in whole or in part , by changing the composition , conditions or structure of assets and liabilities or of their capital structure , including by sales of assets or parts of the business . preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency . those frameworks should maximise the total value to creditors , owners and the economy as a whole and should prevent unnecessary job losses and losses of knowledge and skills . they should also prevent the build - up of non - performing loans . in the restructuring process the rights of all parties involved should be protected . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible . ### restructuring should enable enterprises and personally liable entrepreneurs in financial difficulties to continue business in whole or in part , by changing the composition , conditions or structure of assets and liabilities or of their capital structure , including by sales of assets or parts of the business . preventive restructuring frameworks should above all enable the enterprises to restructure rapidly at an early stage and to avoid their insolvency . those rapid preventive frameworks should maximise the total value to creditors , owners and the economy as a whole and should prevent unnecessary job losses and losses of knowledge and skills . they should also prevent the build - up of non - performing loans . in the restructuring process the rights of all parties involved should be protected . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible . the availability of preventive rapid restructuring procedures would ensure that action is taken before companies default on their loans , thereby helping to reduce the risk of loans becoming non - performing in cyclical downturns and cushioning the adverse impact on the financial sector . a significant percentage of businesses and jobs could be saved if preventive procedures existed in all member states where their establishments , assets or creditors are situated .


### there are differences between the member states as regards the range of the procedures available to debtors in financial difficulties in order to restructure their business . some member states have a limited range of procedures meaning that businesses are only able to restructure at a relatively late stage , in the context of insolvency procedures . in other member states , restructuring is possible at an earlier stage but the procedures available are not as effective as they could be or are very formal , in particular limiting the use of out - of - court processes . similarly , national rules giving entrepreneurs a second chance , in particular by granting them discharge from the debts they have incurred in the course of their business , vary between member states in respect of the length of the discharge period and the conditions for granting such a discharge . ### there are differences between the member states as regards the range of the procedures available to debtors in financial difficulties in order to restructure their business . some member states have a limited range of procedures meaning that businesses are only able to restructure at a relatively late stage , in the context of insolvency procedures . in other member states , restructuring is possible at an earlier stage but the procedures available are not as effective as they could be or are very formal , in particular limiting the use of out - of - court processes . similarly , national rules giving entrepreneurs a second chance , in particular by granting them discharge from the debts they have incurred in the course of their business , vary between member states in respect of the length of the discharge period and the conditions for granting such a discharge . also , the degree of involvement of judicial or administrative authorities or their appointees varies from minimal involvement in some countries to full participation in others .


### a restructuring framework should be available to debtors to enable them to address their financial difficulties at an early stage , when it appears likely that their insolvency may be prevented and the continuation of their business assured . a restructuring framework should be available before a debtor becomes insolvent according to national law , i . e . before the debtor fulfils the conditions for entering collective insolvency procedure which entail normally a total divestment of the debtor and the appointment of a liquidator . a test of viability should not therefore be made a pre - condition for entering negotiations and for granting a stay of enforcement actions . rather , the viability of an enterprise should most often be an assessment to be made by affected creditors who in their majority agree to some adjustments of their claims . however , in order to avoid the procedures being misused , the financial difficulties of the debtor should reflect a likelihood of insolvency and the restructuring plan should be capable of preventing the insolvency of the debtor and ensuring the viability of the business . ### a restructuring framework should be available to debtors and honest entrepreneurs to enable them to address their financial difficulties effectively at an early stage , when it appears likely that their insolvency may be prevented and the continuation of their business assured . a restructuring framework should strike a proper balance between the interests of debtors and those of creditors and should be available before a debtor becomes insolvent according to national law , i . e . before the debtor fulfils the conditions for entering collective insolvency procedure which entail normally a total divestment of the debtor and the appointment of a liquidator . a test of viability should not therefore be made a pre - condition for entering negotiations and for granting a stay of enforcement actions . rather , the viability of an enterprise should most often be an assessment to be made by affected creditors who in their majority agree to some adjustments of their claims . however , in order to avoid the procedures being misused , the financial difficulties of the debtor should reflect a likelihood of insolvency and the restructuring plan should be capable of preventing the insolvency of the debtor and ensuring the viability of the business .


### a debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor ' s business . the stay of enforcement could be general , that is to say affecting all creditors , or targeted towards individual creditors . in order to provide for a fair balance between the rights of the debtor and of creditors , the stay should be granted for a period of no more than four months . complex restructurings may , however , require more time . member states may decide that in such cases , extensions of this period may be granted by the judicial or administrative authority , providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced . if further extensions are granted , the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted . member states should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time . where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses , the stay should cease to have effects on the day the stay period expires . in the interest of legal certainty , the total period of the stay should be limited to twelve months . ### a temporary stay of individual enforcement actions should take effect when a judicial decision to open restructuring proceedings is taken and this should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor ' s business . in order to provide for a fair balance between the rights of the debtor and of creditors , the stay should be granted for a period of no more than four months . complex restructurings may , however , require more time . member states may decide that in such cases , extensions of this period may be granted by the judicial or administrative authority , providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced . if further extensions are granted , the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted . member states should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time . where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses , the stay should cease to have effects on the day the stay period expires . in the interest of legal certainty , the total period of the stay should be limited to twelve months .