### at the latest , by five years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive . ### at the latest , by three years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report and assess the implementation of this directive ' s objectives , including that of gender equality and additionally its impact on the development of micro , small and medium - sized enterprises , to the european parliament and the council on the application of this directive .


### article 16 level of protection member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 . ### article 16 non regression member states and / or the social partners may introduce or shall maintain more favourable provisions for workers than those set out in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article5 . 2 . this directive shall be without prejudice to any more specific provisions in union law , and in particular union law provisions concerning equal treatment or opportunities for men and women . 3 . the implementation of this directive shall not constitute valid grounds for reducing the rights conferred to and the general level of protection afforded to workers .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone no more than twice and for a maximum period of six months the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . in addition , member states shall take into account in particular the constraints of micro companies .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraphs 1 and 3 , taking into account the needs of both employers and workers . the final say as to whether or not to accept a worker’s request for flexible working arrangements shall rest with the employer . employers shall inform the worker of the main reasons for refusing such a request .


### ' carer ' means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### “carer” means a person who provides care to someone with a serious illness , disability , or dependency or care need , outside a professional or formal framework ;


### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them , and to benefit from any improvement in working conditions to which they would have been entitled during their absence . ### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract , and to benefit from any improvement in working conditions to which they would have been entitled during their absence .


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


### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff . ### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff .


### in order to optimise the added value from investments funded wholly or in part through the budget of the union , synergies should be sought in particular between the funds and directly managed instruments , including the reform delivery tool . those synergies should be achieved through key mechanisms , namely the recognition of flat rates for eligible costs from horizon europe for a similar operation and the possibility of combining funding from different union instruments in the same operation as long as double financing is avoided . this regulation should therefore set out rules for complementary financing from the funds . ### in order to optimise the added value from investments funded wholly or in part through the budget of the union , synergies should be sought in particular between the funds , including agricultural funds , and directly managed instruments , including the reform delivery tool . those synergies should be achieved through key mechanisms , namely the recognition of flat rates for eligible costs from horizon europe for a similar operation and the possibility of combining funding from different union instruments in the same operation as long as double financing is avoided . this regulation should therefore set out rules for complementary financing from the funds .


### the office shall not be bound to report to the eppo manifestly unsubstantiated allegations . ### the office shall report to the eppo only substantiated allegations .


### with the adoption of directive 2017 / 1371 of the european parliament and of the council3 and council regulation 2017 / 19394 , the union has substantially strengthened the means available to protect the financial interests of the union by means of criminal law . the european public prosecutor ' s office will have the power to carry out criminal investigations and bring indictments related to criminal offences affecting the union budget , as defined in directive 2017 / 1371 , in the participating member states . _________________ 3 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . 4 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . ### with the adoption of directive 2017 / 1371 of the european parliament and of the council3 and council regulation 2017 / 19394 , the union has substantially strengthened the harmonised legal framework provisions regarding means available to protect the financial interests of the union by means of criminal law . the european public prosecutor ' s office is a key commission priority in the field of criminal justice and anti - fraud policy , having the power to carry out criminal investigations and bring indictments related to criminal offences affecting the union budget , as defined in directive 2017 / 1371 , in the participating member states . _________________ 3 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . 4 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office .


### the office shall not be bound to report to the eppo manifestly unsubstantiated allegations . ### the office shall be bound to report to the eppo only substantiated allegations .


### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not yet fully applying the schengen acquis in accordance with their respective acts of accession should not be taken into account in the calculation of the duration of the authorised stay in the schengen area . such member states should register in the ees the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay . ### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not applying the schengen provisions under title iii of regulation 2016 / 399 should be taken into account in the calculation of the duration of the authorised stay of 90 days in any period of 180 days .


### in order to allow better monitoring of the use of vis to analyse trends concerning migratory pressure and border management , eu - lisa should be able to develop a capability for statistical reporting to the member states , the commission , and the european border and cost guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . none of the produced statistics should contain personal data . ### in order to allow better monitoring of the use of vis to analyse trends concerning migratory pressure and border management , eu - lisa should be able to develop a capability for statistical reporting to the member states , the commission , and the european border and cost guard agency without jeopardising data integrity . therefore , eu - lisa should store specific statistical data in the central repository for the purposes of reporting provided for in [ regulation 2017 / xx on interoperability ] . none of the produced statistics should contain personal data .


### the management authority together with the commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in vis and shall provide regular reports to the member states . the management authority shall provide a regular report to the member states and commission on the data quality controls . ### eu - lisa together with the commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in vis and shall provide regular reports to the member states . eu - lisa shall provide a regular report to the member states , commission and european parliament on the data quality controls .


### in order to allow better monitoring of the use of vis to analyse trends concerning migratory pressure and border management , eu - lisa should be able to develop a capability for statistical reporting to the member states , the commission , and the european border and cost guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . none of the produced statistics should contain personal data . ### in order to allow better monitoring of the use of vis to analyse trends concerning migratory pressure and border management , eu - lisa should be able to develop a capability for statistical reporting to the member states , the commission , and the european border and coast guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . none of the produced statistics should contain personal data .


### every time an individual file is created upon issuance or refusal pursuant to article 22d of a long - stay visa or residence permit , the vis shall launch a query by using the european search portal defined in article 6 of [ the interoperability regulation ] to compare the relevant data referred to in article 22c , , , and of this regulation with the relevant data , in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database , and the interpol travel documents associated with notices database . ### every time an individual file is created upon issuance or refusal pursuant to article 22d of a long - stay visa , residence permit or residence card , the vis shall launch a query by using the european search portal defined in article 6 of [ the interoperability regulation ] to compare the relevant data referred to in article 22c , , , and of this regulation with the relevant data , in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database , and the interpol travel documents associated with notices database .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused having previously been proved guilty according to law , persons holding public office , be it judicial , administrative or political , refer to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial , police and other law enforcement authorities or other public authorities presents the suspects or accused persons as if they were convicted .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot continue accessing and using the online content services that they have acquired the right to use in their member state of residence .


### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . ### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . this regulation and in particular the legal mechanism localising the provision of , the access to and the use of an online content service in the member state of the subscriber ' s residence does not prevent a service provider from offering its subscriber who is temporarily present in another member state an online content service that the provider lawfully provides in that member state .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### the objective of this regulation is to adapt the legal framework in order to establish a common approach enabling online content services to be provided to subscribers temporarily present in a member state other than their member state of residence .


### this regulation introduces a common approach to ensuring that subscribers to online content services in the union , when temporarily present in a member state , can access and use these services . ### this regulation introduces a common approach in the union to ensuring that subscribers to portable online content services in their member states of residence can access and use these services when temporarily present in a member state .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence that is limited to a certain period ;


### the provider of an online content service shall enable a subscriber who is temporarily present in a member state to access and use the online content service . ### the provider of an online content service shall enable a subscriber who is temporarily present in a member state other than the member state of residence to access and use the online content service .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### providers of online content services which are provided without payment of money should have the option to be included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . if these providers exercise the option , they should comply with the same obligations as are foreseen by this regulation for the providers of online content services which are provided against payment of money . failing to verify the member state of residence of the subscribers effectively and therefore not being included in the scope of this regulation should mean that these providers cannot take advantage of the mechanism mentioned in article 4 and are therefore unable to provide portability for the content offered .


### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety . ### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers full access to their online content services when they are temporarily in a member state other than their member state of residence , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety .


### this regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision , the access to and the use of an online content service in accordance with article 3 after that date . ### this regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision , the access to and the use of an online content service in accordance with articles 3 and 3a after that date .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### providers of online content services which are provided without payment of money should have the option to be included in the scope of this regulation if they decide so and provided that they comply with the requirements on the verification of the member state of residence . if they exercise this option , they should be obliged to comply with the provisions of this regulation in the same way as providers of online content services which are provided against payment of money .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in their member state of residence without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their member state of residence to do so across borders .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of reasons why these services are not accessible to consumers temporarily present in another member state . certain online services include content such as music , games or films , which are protected by copyright and / or related rights under union law , and the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis . online service providers can also choose to serve specific markets only .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### it is essential that service providers ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . open cross - border access is not the objective of this regulation . therefore , cross - border portability should be distinguished from open cross - border access .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### online content services which are provided without payment of money will have an option to be included in the scope of this regulation if they so decide and provided that they comply with the requirements on the verification of the member state of residence set out in this regulation in the same way as providers of online content services which are provided against payment of money . if they so decide , they should inform subscribers and the holders of copyright and related rights of their decision to exercise that option .


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


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide access to the public to copyright protected works or other subject - matter uploaded by their users shall , in cooperation with rightholders , &#160 ; take reasonable and appropriate measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter . those measures may take into account various available technological developments that would be appropriate for the nature&#160 ; of services of information society service provider . &#160 ; the service providers shall cooperate with rightholders and provide them with adequate reporting on the recognition and use of the works and other subject - matter .


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


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database for the purposes of text and data mining , which should not be subject to compensation given that in view of the nature and scope of the exception the harm should be minimal . an additional mandatory exception should allow research organisations to have access to normalised information in a format that enables it to be text and data mined provided that that process is carried out by the research organisation . rightholders should not be able to seek compensation for this exception that goes beyond what is necessary and proportionate to the cost of the normalisation process . research organisations should also benefit from this exception when they engage in public - private partnerships . these new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education , also including libraries which provide non - formal learning activities for a wide range of citizens across the union every year to the extent when they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


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


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices .


### use of protected content by information society service providers storing and giving access to large amounts of works and other subject - matter uploaded by their users ### use of protected content by information society service providers reproducing so that they are accessible to the public and / or giving access to works and other subject - matter uploaded by their users


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


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to works or other subject - matter uploaded by their users shall conclude equitable agreements with all holders of rights to those works at the request of the rightholders , unless they are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec . under the terms of the agreements concluded with the rightholders , the information society service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter . the agreements should cover the liability of users of information society service providers when these users are not acting professionally in respect of acts falling under articles 2 and 3 of directive 2001 / 31 / ec which they perform . when information society service providers play an active part but are not required to conclude a licence agreement by the holders of rights to works or other subject - matter stored by them and to which they provide public access , or are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec , but store and provide to the public access to a large number of protected works or other subject - matter , these information society service providers shall take measures to prevent protected works or other subject - matter identified by rightholders in cooperation with the service providers from being made available by their services . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers pursuant to this article .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , in an open , machine - readable format , information on the exploitation of their works and performances from commercial users of their protected works or performances , notably contextual and rich consumption and behavioural data but in any case at least as complete , timely and equivalent as provided by the users to those to whom authors and performers have licensed or transferred their rights .


### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . ### in order to ensure the functioning of any licensing agreement , information society service providers that are not covered by article 14 of directive 2000 / 31 / ec and that make available to the public copyright works or other subject matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter .


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


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter or extracts under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . thus , for example , the exception should be limited to the use of short extracts for written works , except in the case of plays and poems . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec , insofar as digital uses are concerned . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive . ### the rights granted to the publishers of press publications under this directive should have the same scope as the rights of reproduction and making available to the public provided for in directive 2001 / 29 / ec and the rights of rental , lending and distribution provided for in directive 2006 / 115 / ec . they should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in directive 2001 / 29 / ec including the exception on quotation for purposes such as criticism or review laid down in article 5 of that directive .


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


### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . ### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a significant influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . commercial undertakings participating in ppps should acquire lawful access through the rights holder .


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


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


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### without prejudice to article 14 of directive 2000 / 31 / ec , information society service providers that make available to the public copyright works or other subject - matter uploaded by their users , shall conclude licensing agreements with rightholders . such agreements shall be fair and balanced . information society services shall , in cooperation with rightholders take reasonable and proportionate measures to ensure the functioning of such agreements .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . research organisations should also benefit from the exception when they engage into public - private partnerships . the new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . this exception applies only to the mining of texts and data for non - commercial purposes . in order not to prejudice the normal exploitation of their works in the interests of developing the mining of texts and data , rightholders should be allowed to develop licences on the market and receive remuneration . the flexibility of the contractual solutions should also make it possible to take into account the diversity of the mining acts carried out and their purpose .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . no authorisation would be required in cases where text or data mining is carried out in relation to mere facts or data which are not protected by copyright .


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


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


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


### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . ### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit , non - commercial basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations that undertake text and data mining for commercial purposes as well as organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . in case a research organization is part of a public - private partnership and engages in text and data mining for the benefit of the commercial undertaking , the commercial undertaking should also acquire lawful access through the rightholder .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become important sources of access to content online allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightsholders .


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


### article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . ### access to content permitted by an exception or limitation shall not give the beneficiary of the exception or limitation the right to use the content concerned in the context provided for by another exception or limitation . article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title .


### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure and provide measures that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover all uses of works and other subject - matter , digital or otherwise , such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , libraries that provide non - formal learning activities , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom or learning area and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### member states shall provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states shall provide , following consultations with representatives of rightholders , cultural heritage institutions and other users , a legal mechanism whereby exclusive or non - exclusive licences may be granted for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collections of the institutions , provided that :


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter or extracts under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . thus , for example , the exception should be limited to the use of brief extracts for intellectual works , except in the case of plays and poems . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### use of protected content by information society service providers storing and giving access to large amounts of works and other subject - matter uploaded by their users ### use of content protected by copyright by information society service providers publicly reproducing and / or giving access to works and other subject - matter uploaded by their users


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### member states shall encourage rightholders and research organisations and cultural heritage institutions to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 .


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


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall ensure a high degree of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states shall adjust the obligation in paragraph 1 , under the condition that the level of disproportionality is duly justified , provided that the obligation remains effective and ensures an appropriate level of transparency .


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


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . this exception applies only to the mining of texts and data for non - commercial purposes . in order not to prejudice the normal exploitation of their works in the interests of developing the mining of texts and data , rightholders should be allowed to develop licences on the market and receive remuneration . the flexibility of the contractual solutions should also make it possible to take into account the diversity of the mining acts carried out and their purpose .


### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the jordanian authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , to be laid down in a memorandum of understanding . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by jordan with the support of the imf . ### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the jordanian authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , including a timeframe for the fulfilment of those conditions , to be laid down in a memorandum of understanding . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by jordan with the support of the imf .


### labels shall be re - scaled periodically . ### labels shall be re - scaled when the majority of products fall in class a .


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling the timescale depends on the overpopulation of the two highest scales which reduces consumer choice and the incentives for developing more energy efficient products , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe .


### in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide their product compliance information electronically in a database established by the commission . the information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database . ### without prejudice to the member states ' market surveillance obligations , in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide the required product compliance information electronically or in paper form to be incorporated in a database established and maintained by the commission . the information should be made publicly available in order to provide information to customers and to allow dealers to receive labels in alternative ways . market surveillance authorities should have access to the information in the database .


### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at the highest class of energy efficiency laid down in the applicable delegated act . ### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at the highest classes of energy efficiency , where products are available , laid down in the applicable delegated act .


### print out the label from the product database established in accordance with article 8 if that function is available for that product ; or ### print out the label or download it for electronic display from the product database established in accordance with article 8 if that function is available for that product ; or


### dealers shall replace the existing labels on products on display including on the internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act . dealers shall not display the rescaled labels before that date . ### dealers shall replace the existing labels on products on display including on the internet with the rescaled labels within one month following the date specified for that purpose in the relevant delegated act . dealers shall not display the rescaled labels before that date .


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ‘ energy - related product’ means any good having an impact on energy consumption during use , which is placed on the market and / or put into service in the union , including parts intended to be incorporated into energy - related products covered by this directive which are placed on the market and / or put into service as individual parts for customers and of which the environmental performance can be assessed independently ;


### ‘ rescale’ means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product , which , for existing labels may imply the deletion of certain energy classes ; ### ‘ rescale’ means an exercise that changes the correlation between energy efficiency and the class on of a label scheme in order to make more stringent the requirements for achieving the energy class on a label for a particular product ;


### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . ### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that not more than 20 % of products are expected to fall into energy classes a and b altogether at the moment of the introduction or rescaling of the label .


### they shall , prior to placing a product model on the market , enter into the product database established in accordance with article 8 the information detailed in annex i . ### they shall , prior to placing units of a product model on the market , enter directly into the product database established in accordance with article 8 the information detailed in annex i , or submit this information in a standardised electronic or paper format to the commission .


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


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . whether or not a newly rescaled label should have empty top classes shall be determined on product by product , with a view to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe .