### prevention is of key importance for protection against disasters and requires further action . to that effect , member states should share risk assessments on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions . in addition , the commission should be able to require member states to provide specific prevention and preparedness plans in relation to specific disasters , notably with a view to maximising overall union support to disaster risk management . administrative burden should be reduced and prevention policies strengthened , including by ensuring necessary links to other key union policies and instruments , notably the european structural and investment funds as listed in recital 2 of regulation no 1303 / 201313 . _________________ 13 regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund and repealing council regulation no 1083 / 2006 . ### prevention is of key importance for protection against disasters and requires further action . to that effect , member states should share risk assessments on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions , including education and professional training . in addition , the commission should be able to require member states to provide specific prevention and preparedness plans in relation to specific disasters , notably with a view to maximising overall union support to disaster risk management . administrative burden should be reduced and prevention policies strengthened , including by ensuring necessary links to other key union policies and instruments , notably the european structural and investment funds as listed in recital 2 of regulation no 1303 / 201313 . _________________ 13 regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund and repealing council regulation no 1083 / 2006 .


### improving access to employment of all jobseekers , in particular youth and long - term unemployed , and of inactive people , promoting self - employment and the social economy ; ### improving access to employment of all jobseekers , in particular youth and long - term unemployed , &#160 ; inactive people and disadvantaged groups , promoting employment , self - employment and the social economy ;


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities and without endangering the particular habitat and the ecosystem as a whole . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . to restore consumer confidence the commission should accordingly take steps to inform the public about this regulation and the exception made under it for products resulting from hunts conducted by indigenous communities . thus , where there is material evidence and after consultation of the entities involved , the commission should be enabled , if necessary , to limit the permitted quantity of seal products or prohibit such products where these have been placed on the market by means of hunting methods contravening the principles underlying the exception , this in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes .


### if the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market . ### if there is material evidence to suggest that the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraphs 1 and 2 or other circumstances are such as to prove that a hunt is conducted primarily for commercial purposes , the commission , after consulting the entities involved , shall be empowered to adopt delegated acts in accordance with article 4 in order to limit or prohibit the placing on the market of products resulting from that hunt .


### a pre - condition for granting the union ' s macro - financial assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service . ### a pre - condition for granting the union ' s macro - financial assistance should be that moldova fully respects effective democratic mechanisms – including a multi - party parliamentary system and a strict separation of powers – and the rule of law , including the independence of the judiciary , guarantees respect for human rights , supports free , independent and pluralistic media , and ensures an effective fight against corruption , the influence of oligarchs and money laundering as well as a thorough , result - orientated investigation into the “bank fraud” . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial and banking sector in moldova and promote effective structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the pre - condition and the achievement of those objectives should be regularly monitored by the commission and the european external action service .


### the union ' s macro - financial assistance should aim to support the restoration of a sustainable external financing situation for moldova thereby supporting its economic and social development . ### the union ' s macro - financial assistance should aim to support the restoration of a sustainable external financing situation for moldova thereby supporting its economic and social development , especially in areas related to economic governance and the judiciary , and encourage reforms in those areas .


### a pre - condition for granting the union ' s macro - financial assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service . ### a pre - condition for granting the union ' s macro - financial assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , ensure an effective fight against corruption and money laundering , the governance and supervision of the financial and banking sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . the union ' s macro - financial assistance to moldova should also include measures to support the implementation of the association agreement , including the dcfta . to ensure that such conditions are properly assessed , it is crucial that they are set out in a verifiable and measurable manner . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service .


### the union ' s macro - financial assistance should support moldova ' s commitment to values shared with the union , including democracy , the rule of law , good governance , respect for human rights , sustainable development and poverty reduction , as well as its commitment to the principles of open , rules - based and fair trade . ### the union ' s macro - financial assistance should support moldova ' s commitment to values shared with the union , including democracy , the rule of law , good governance , an independent judiciary , respect for human rights , the freedom and pluralism of the media , sustainable development and poverty reduction , as well as its commitment to the principles of open , rules - based and fair trade .


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


### in order to ensure that the union’s financial interests linked to the union’s macro - financial assistance are protected efficiently , moldova should take appropriate measures relating to the prevention of , and fight against , fraud , corruption and any other irregularities linked to the assistance . in addition , provision should be made for the commission to carry out checks and for the court of auditors to carry out audits . ### in order to ensure that the union’s financial interests linked to the union’s macro - financial assistance are protected efficiently , moldova should take appropriate measures relating to the prevention of , and fight against , fraud , corruption and any other irregularities linked to the assistance . moldova should regularly inform the commission about the implementation of the macro - financial assistance on the basis of full disclosure and strict compliance with union financial rules . in addition , provision should be made for the commission to carry out checks and for the court of auditors to carry out audits .


### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law ; water , gas and electricity shall be considered as goods within the meaning of this regulation where they are put up for sale in a limited volume or a set quantity ; ### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law ;


### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . ### the prohibition set out in paragraph 1 shall not preclude traders from charging for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation , including through cross - border cooperation mechanisms .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### it is imperative to establish an area without internal frontiers in which the free movement of inter alia goods and services is ensured . remaining unjustified barriers must be removed in order to ensure a fully functioning single market for goods and services , notably in the cultural sector , which is of crucial importance in order to promote cultural diversity , disseminate culture and engender a common cultural heritage across the union . it is not sufficient to abolish only state barriers since this can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . these occur where traders operating in one member state block or limit the access to their online interfaces , such as websites and applications , of customers from other member states wishing to engage in cross - border commercial transactions . they also occur through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment as provided for in directive 2006 / 123 / ec , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . this regulation specifies the situations in which there can be no justification for differential treatment of this kind , which should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition of article 4 should also apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition of article 4 should also apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . the evaluation shall take due account of the specificities of copyright - protected cultural goods and services .


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


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods under exactly the same conditions , including price and conditions relating to the delivery of the goods , as customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , the prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate among customers within the union by refusing certain commercial transactions , or by otherwise applying different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should also be expressly prohibited . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 3 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access .


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , cross - border purchases do not entail a higher risk of payment fraud than national purchases , meaning that the risk of payment fraud should not be used as an argument to refuse or discriminate against any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter . owing to the particular nature of such services , they are currently covered by a specific exclusion provided for in article 4 , which will subsequently be subject to evaluation as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments .


### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices . ### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered to restrict competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when such agreements are not covered by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which applies directly in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entry into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules .


### the second situation is where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , such as cloud services , data warehousing services , website hosting and the provision of firewalls . in this case , no physical delivery is required , as the services are being supplied electronically . the trader can declare and pay vat in a simplified manner in accordance with the rules on vat mini - one - stop - shop set out in council implementing regulation no 282 / 201126 . __________________ 26 council implementing regulation no 282 / 2011 of 15 march 2011 laying down implementing measures for directive 2006 / 112 / ec on the common system of value added tax . ### the second situation is where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , such as cloud services , data warehousing services , website hosting and the provision of firewalls . in this case , no physical delivery is required , as the services are being supplied electronically . the trader can declare and pay vat in a simplified manner in accordance with the rules on the vat mini - one - stop - shop set out in council implementing regulation no 282 / 201126 . __________________ 26 council implementing regulation no 282 / 2011 of 15 march 2011 laying down implementing measures for directive 2006 / 112 / ec on the common system of value added tax .


### where a request for direct taking of evidence via videoconference is made , the hearing shall be held in the premises of a court . the requesting court and the central body or the competent authority referred to in article 3 or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference . ### where a request for direct taking of evidence via videoconference or using other up - to - date communication technologies is made , the hearing shall be held in the premises of a court . the requesting court and the central body or the competent authority referred to in article 3 or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference .


### in this regulation , the term ‘ court’ shall mean any judicial authority in a member state which is competent for the performance of taking of evidence according to this regulation . ; ### in this regulation , the term ´court´ shall mean any authority in a member state which , under the national legislation of that member state , is competent under the laws of that member state for the taking of evidence according to this regulation ;


### modern communications technology , in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence , is currently not used to its full potential . where evidence is to be taken by hearing a person domiciled in another member state as witness , party or expert , the court should take that evidence directly via videoconference , if available to the respective courts , where it deems the use of such technology appropriate on account of the specific circumstances of the case . ### modern communications technology , in particular videoconferencing , which is an important and direct means to simplify and accelerate the taking of evidence , is currently not used to its full potential . where evidence is to be taken by hearing a person domiciled in another member state as witness , party or expert , the court should take that evidence directly via videoconference or other remote communications technology available to the respective courts . however , in exceptional cases where the use of such technology is deemed to be unsuited to the specific circumstances of the case or to conflict with the proper conduct of the proceedings , other channels may continue to be used .


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


### where evidence is to be taken by hearing a person domiciled in another member state as witness , party or expert and the court does not request the competent court of another member state to take evidence in accordance with article 1 , the court shall take evidence directly in accordance with article 17 via videoconference , if available to the respective courts , where it deems the use of such technology appropriate on account of the specific circumstances of the case . ### where evidence is to be taken by hearing a person domiciled in another member state as witness , party or expert , the court shall take evidence directly , in accordance with article 17 via videoconference , or using other up - to - date remote communication technologies available to the respective courts . however , in exceptional cases where the use of such technology is deemed to be unsuited to the specific circumstances of the case or to conflict with the proper conduct of the proceedings , other channels may continue to be used .


### develop risk assessments at national or appropriate sub - national level and make them available to the commission by 22 december 2018 and every three years thereafter ; ### develop risk assessments at national or appropriate sub - national level and make them available to the commission by 22 december 2018 and every three years thereafter and , &#160 ; in this context , existing national information systems should be used ;


### resceu capacities shall be available for response operations under the union mechanism following a request for assistance through the ercc . the decision on their deployment shall be taken by the commission , which shall retain command and control of resceu capacities . ### resceu capacities shall be available for response operations under the union mechanism following a request for assistance through the ercc . the decision on their deployment shall be taken by the commission , which shall retain the authority of deployment of resceu capacities .


### there is a need to simplify union mechanism procedures to ensure that member states can access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly as possible . ### there is a need to simplify , streamline and increase the flexibility of the union mechanism procedures to ensure that member states can quickly access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly and efficiently as possible .


### the composition of resceu shall consist of the following capacities : ### resceu should be able to respond quickly to the following natural or man - made disasters , inter alia : forest fires flooding earthquakes and sea waves caused by earthquakes volcanic eruptions health disasters such as epidemics terrorist attacks


### the commission may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among member states prone to similar type disasters . ' ### the commission may , in cooperation with the member states , also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among member states prone to similar type disasters . the commission and the member states , where possible , shall also foster consistency between disaster risk management and climate change adaptation strategies . ’


### the union should be able to support member states where available capacities are insufficient to allow for an effective response to disasters by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition . this would substantially increase the effectiveness of the union mechanism , by ensuring availability of capacities in cases where an effective response to disasters would otherwise not be ensured , particularly for disasters with wide ranging impacts affecting a significant number of member states . union procurement of capacities should allow for economies of scale and better coordination when responding to disasters . ### the union should be able to support member states where available capacities are insufficient to allow for an effective response to disasters by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition . this would substantially increase the effectiveness and deployability of the union mechanism , by ensuring the speedy availability of capacities in cases where an effective response to disasters would otherwise not be ensured , particularly for disasters with wide ranging impacts affecting a significant number of member states . union procurement of capacities should allow for economies of scale and better coordination when responding to disasters . optimal and transparent use of financial resources should be ensured .


### natural and man - made disasters can strike anywhere across the globe , often without warning . whether of natural or man - made origin , they are becoming increasingly frequent , extreme and complex , exacerbated by the impacts of climate change , and irrespective of national borders . the human , environmental , and economic consequences stemming from disasters can be enormous . ### natural and man - made disasters can strike anywhere across the globe , often without warning . whether of natural or man - made origin , they are becoming increasingly frequent , extreme and complex , exacerbated by the impacts of climate change , and irrespective of national borders . the human , environmental , and economic consequences stemming from disasters can be enormous . unfortunately , those disasters are sometimes intentional and can also be caused by terrorist attacks .


### a european civil protection pool shall be established . it shall consist of a pool of pre - committed response capacities of the member states and include modules , other response capacities and experts . ### a european civil protection pool shall be established . it shall consist of a voluntary pool of pre - committed response capacities of the member states and include modules , other response capacities and experts .


### in order to strengthen efficiency and effectiveness of training and exercises and enhance co - operation between member states ' national civil protection authorities and services it is necessary to establish a union civil protection knowledge network that is based on existing structures . ### training , research and innovation are essential aspects of cooperation in the civil protection field . the efficiency and effectiveness of training and exercises , the promotion of innovations and the dialogue and co - operation between member states ' national civil protection authorities and services should be strengthened on the basis of existing structures .


### on the basis of identified risks and taking into account a multi - hazard approach , the commission shall be empowered to adopt delegated acts in accordance with article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this article and revise the composition of resceu accordingly . consistency shall be ensured with other union policies . ### on the basis of identified risks , taking into account a multi - hazard approach and the civil protection experience of member states , and after consultation with the relevant crisis - prone regions , the commission shall be empowered to adopt delegated acts in accordance with article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this article and revise the composition of resceu accordingly . consistency shall be ensured with other union policies .


### the commission shall inform the european parliament and the council of operations and progress made under articles 11 and 12 every two years . ' ### the commission shall inform the european parliament and the council of operations and progress made under articles 11 and 12 every year .


### there is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in europe . in addition to strengthening the possibilities already offered by the european emergency response capacity , from now on referred to as ' european civil protection pool ' , the commission should also establish resceu . the composition of resceu should include emergency response capacities to respond to wildfires , large - scale floods and earthquakes , as well as a field hospital and medical teams in line with world health organisation standards , that can be rapidly deployed . ### there is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in europe . in addition to strengthening the possibilities already offered by the european emergency response capacity , from now on referred to as ' european civil protection pool ' , the commission should also establish resceu . the composition of resceu should include emergency response capacities to respond to wildfires , large - scale floods and earthquakes , terrorist attacks and chemical , biological , radiological and nuclear attacks , as well as a field hospital and medical teams in line with world health organisation standards , that can be rapidly deployed . in this regard , it is important to strengthen and include the specific capacities of local and regional authorities , since they are the first to intervene after a disaster . those authorities should develop cooperation models in which communities can share best practices , giving them the opportunity to help develop their resilience in the face of natural disasters .


### on the basis of identified risks , the commission shall define the types and the number of key response capacities required for the european civil protection pool . the commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage member states to address such gaps . the commission may support member states in accordance with article 20 , point of article 21 and article 21 . ### on the basis of needs and risks identified on the ground , the commission shall , in cooperation with the competent authorities of member states , define the types and the number of key response capacities required for the european civil protection pool . the commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage member states to address such gaps . the commission may support member states in accordance with article 20 , point of article 21 and article 21 .


### set up and manage a training programme for civil protection and emergency management personnel on prevention of , preparedness for and response to disasters . the programme shall include joint courses and a system for exchange of experts , whereby individuals may be seconded to other member states . the training programme shall aim to enhance the coordination , compatibility and complementarity between capacities referred to in articles 9 and 11 , and to improve the competence of experts referred to in points and of article 8 ; ### in article 13 , point of paragraph 1 is amended as follows : set up and manage a training programme for civil protection and emergency management personnel on prevention of , preparedness for and response to disasters . the programme shall include joint courses and a system for exchange of experts , whereby individuals may be seconded to other member states . a new erasmus civil protection programme shall be introduced , in keeping with the rules and principles of regulation no&#160 ; 1288 / 2013* establishing ' erasmus + ' ; the new erasmus civil protection programme shall also aim to enhance the coordination , compatibility and complementarity between capacities referred to in articles 9 , 11 and 12 , and to improve the competence of experts referred to in points and of article 8 ; the new erasmus civil protection programme shall include an international dimension aimed at supporting the union’s external action , including its development goals , through cooperation between member states and between partner countries . ’ _______________ *regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ‘ erasmus + ’ : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec .


### natural and man - made disasters can strike anywhere across the globe , often without warning . whether of natural or man - made origin , they are becoming increasingly frequent , extreme and complex , exacerbated by the impacts of climate change , and irrespective of national borders . the human , environmental , and economic consequences stemming from disasters can be enormous . ### natural and man - made disasters can strike anywhere across the globe . whether of natural origin and exacerbated by climate change , or man - made , including new types of threats , such as those related to internal security , they are becoming increasingly frequent , extreme and complex , surpassing national borders . the human , environmental , and economic consequences stemming from disasters are often enormous in the medium and long term .


### take action to improve the knowledge base on disaster risks and facilitate the sharing of knowledge , the results of scientific research , best practices and information , including among member states that share common risks . ### take action to promote education , raise awareness , improve the knowledge base on disaster risks and facilitate the dialogue , sharing of knowledge and cooperation , the results of scientific research and innovation , with recommendations and short - term forecasts , best practices and information , including among member states and their local and regional authorities , the neighbouring third countries , as well as outermost regions and octs where appropriate , that share common risks ;


### take action to improve the knowledge base on disaster risks and facilitate the sharing of knowledge , the results of scientific research , best practices and information , including among member states that share common risks . ### take action to improve the knowledge base on disaster risks and facilitate the dialogue , sharing of knowledge and cooperation , the results of scientific research and innovation , best practices and information , including among member states that share common risks .


### on the basis of identified risks , the commission shall define the types and the number of key response capacities required for the european civil protection pool . the commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage member states to address such gaps . the commission may support member states in accordance with article 20 , point of article 21 and article 21 . ### on the basis of risks and needs identified on the ground , the commission shall , in cooperation with the competent authorities of member states , define the types and the number of key response capacities required for the european civil protection pool . the commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage member states to address such gaps . the commission may support member states in accordance with article 20 , point of article 21 and article 21 .


### recent experience has shown that reliance on voluntary offers of mutual assistance , coordinated and facilitated by the union mechanism , does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner , nor that the environment and property are properly safeguarded . this is particularly so where member states are simultaneously affected by recurrent disasters and collective capacity is insufficient . ### recent experience has shown that reliance on voluntary offers of mutual assistance , coordinated and facilitated by the union mechanism , does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner , nor that the environment and property are properly safeguarded . this is particularly so where member states are simultaneously affected by disasters that are both recurrent and unexpected , both natural and man - made , and collective capacity is insufficient .


### it is important to ensure that member states take all the necessary actions in order to effectively prevent natural and man - made disasters and mitigate their effects . provisions should reinforce links between prevention , preparedness and response actions under the union mechanism . coherence should also be ensured with other relevant union legislation on prevention and disaster risk management , including for cross - border prevention action and response to threats such as serious cross - border health threats15 . likewise , coherence should be ensured with international commitments such as the sendai framework for disaster risk reduction 2015 – 2030 , the paris agreement and agenda 2030 for sustainable development . __________________ 15 decision no 1082 / 2013 / eu of the european parliament and of the council of 22 october 2013 on serious cross border threats to health and repealing decision no 2119 / 98 / ec . ### it is important to ensure that member states take all the necessary actions in order to effectively prevent natural and man - made disasters and mitigate their effects . provisions should reinforce links between prevention , preparedness and response actions under the union mechanism . coherence should also be ensured with other relevant union legislation on prevention and disaster risk management , including for cross - border prevention action and response to threats such as serious cross - border health threats15 . territorial cooperation programmes under cohesion policy provide for specific actions to take into account disaster resilience , risk prevention and risk management , and further efforts should be made towards more vigorous integration and greater synergies . likewise , coherence should be ensured with international commitments such as the sendai framework for disaster risk reduction 2015 – 2030 , the paris agreement and agenda 2030 for sustainable development . __________________ 15 decision no 1082 / 2013 / eu of the european parliament and of the council of 22 october 2013 on serious cross border threats to health and repealing decision no 2119 / 98 / ec .


### set up and manage a training programme for civil protection and emergency management personnel on prevention of , preparedness for and response to disasters . the programme shall include joint courses and a system for exchange of experts , whereby individuals may be seconded to other member states . ### in article 13 , paragraph 1 , point is replaced by the following : set up and manage a training programme for civil protection and emergency management personnel aimed at providing specialised expertise related to prevention of , preparedness for and response to disasters . the programme shall make use of existing centres of excellence and universities , where appropriate , and shall include joint courses and a system for exchange of experts , whereby individuals may be seconded to other member states . the programme shall also include provisions for cooperation with neighbouring third countries .


### in order to strengthen efficiency and effectiveness of training and exercises and enhance co - operation between member states ' national civil protection authorities and services it is necessary to establish a union civil protection knowledge network that is based on existing structures . ### training , research and innovation are essential aspects of cooperation in the civil protection field . in order to strengthen efficiency and effectiveness of training and exercises , to promote innovation by incorporating the new technologies such as high - tech equipment and the latest results of research to ensure more effective monitoring of urban and forest areas , as well as to enhance dialogue and co - operation between member states ' national civil protection authorities , and services , including at cross - border level , it is necessary to establish a union civil protection knowledge network that is based on existing structures in which researchers , research and training centres of member states , universities and where appropriate centres of excellence and civil sector organisations are involved . in the case of the outermost regions and octs , measures should be taken to ensure that they are also integrated into that network , in parallel with reinforcing training cooperation , as well as prevention and response capacities with third countries in the area .


### better statistics are therefore crucial to achieving better results and contributing to a better europe , and greater efforts should be made to boost investments in official statistics at both european and national levels . this should provide guidance in priority policy areas and for capacity - building , in addition to current guidance and ongoing re - prioritisation . more specifically , action should be taken to tackle the most urgent statistical gaps , increase timeliness and support political priorities and economic policy coordination through the european semester . the commission should also provide new population projections in close cooperation with the national statistical institutes to update the analysis of the economic and budgetary implications of population ageing . ### better statistics are therefore crucial to achieving better results and contributing to a better europe , and greater efforts should be made to boost investments in official statistics at both european and national levels . this should provide guidance in priority policy areas and for capacity - building , in addition to current guidance and ongoing re - prioritisation . more specifically , action should be taken to tackle the most urgent statistical gaps , increase timeliness and support political priorities and economic policy coordination through the european semester . reporting should be established on the scope and extent of non - coverage of persons which are “overlooked” and not covered by statistics such as the homeless people . the commission should also provide new population projections in close cooperation with the national statistical institutes to update the analysis of the economic and budgetary implications of population ageing and provide an accurate picture of the depopulation and population dispersion affecting many european regions and the additional costs they thus incur in providing public services for their citizens .


### “increase the efficiency and effectiveness of statistical production processes . considering the fact that the lisbon treaty has called for better regulation , a streamlining of the legislation related to the pillar of business statistics is needed . in so doing , due consideration should be given to the limitations of the resources available to producers and the overall burden on respondents in line with the commission regulatory fitness and performance programme . provide high - quality statistics on key areas where enterprises are the centre of interest , such as business statistics , short - term indicators , their investment in human capital and skills , international transactions , globalisation , internal market monitoring , r&d and innovation , and tourism . special attention should be paid to the availability of data in high value - added industrial or services sectors , in particular in the green , digital or social economy . “ ### “increase the efficiency and effectiveness of statistical production processes . provide high - quality statistics on key areas where enterprises are the centre of interest , such as business statistics , short - term indicators , their investment in human capital , in - service training and skills , international transactions , globalisation , internal market monitoring , r&d and innovation , and tourism . special attention should be paid to the availability of data in high value - added industrial or services sectors , in particular in the green , digital , collaborative or social economy . “


### 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 be proportionate and effective and shall ensure a high level of transparency in every sector .


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


### 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 also 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 .


### where information society service providers store and provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public , they are obliged to conclude licensing agreements with rightholders , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . _________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### where information society service providers store and provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and an act of reproduction , they are obliged to conclude licensing agreements with rightholders to protect the legitimate interest of the rightholder , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . however , liability exemptions can only apply to genuinely neutral and passive online providers , and not to services that play an active role in distributing , promoting and monetising content at the expense of creators . _________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### where information society service providers store and provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public , they are obliged to conclude licensing agreements with rightholders , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . _________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### where information society service providers offer the service to users to store and provide access to the public of content and where this activity is not of a mere technical , automatic and passive nature , they are obliged to conclude licensing agreements with rightholders , unless they are eligible for the liability regimes provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . _________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### 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 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 . organisations which seek to obtain a commercial profit on their investment in text and data mining should not be considered research organisations for the purposes of this directive . 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 .


### 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 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 . despite the fact that more creative content is being consumed today than ever before , on services such as user - uploaded content platforms and content aggregation services , the creative sectors have not seen a comparable increase in revenues from this increase in consumption . one of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e - commerce law . an unfair market has been created , threatening the development of the digital single market and its main players : the cultural and creative industries .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . member states shall ensure that authors and performers can submit the dispute anonymously through an authorized person or organization .


### 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 .


### 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 lawful access acquired for the purposes of scientific research .


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


### 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 actively and directly involved in users uploading and making works available to the public should take appropriate and proportionate measures to ensure protection of works or other subject - matter .


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


### 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 large amounts of copyright protected works or other subject - matter uploaded by their users , thus going beyond the mere technical , automatic and passive provision of physical facilities , shall , in cooperation with rightholders , take effective 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 identified by rightholders through . 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 .


### the transition to clean energy is an essential contribution to the mitigation of climate change with co - benefits for the environment . actions for capacity building supporting the clean energy transition , funded until 2020 under horizon 2020 , should be integrated in the programme since their objective is not to fund excellence and generate innovation , but to facilitate the uptake of already available technology that will contribute to climate mitigation . the inclusion of these capacity building activities into the programme offers potential for synergies between the sub - programmes and increases the overall coherence of union funding . therefore , data should be collected and disseminated on the uptake of existing research and innovation solutions in the life projects , including from the horizon europe programme and its predecessors . ### the transition to clean energy is an essential contribution to the mitigation of climate change with co - benefits for the environment . actions for capacity building supporting the clean energy transition , funded until 2020 under horizon 2020 , should be integrated in the programme since their objective is not to fund excellence and generate innovation , but to facilitate the uptake of already available technology that will contribute to climate mitigation . the inclusion of these capacity building activities into the programme offers potential for synergies between the sub - programmes by encouraging multiple funding and increases the overall coherence of union funding . therefore , data should be collected and disseminated on the uptake of existing research and innovation solutions in the life projects , including from the horizon europe programme and its predecessors .


### the programme should prepare and support market players for the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy by testing new business opportunities , upgrading professional skills , facilitating consumers ' access to sustainable products and services , engaging and empowering influencers and testing novel methods to adapt the existing processes and business landscape . to support a broader market uptake of sustainable solutions , general public acceptance and consumer engagement should be promoted . ### the programme should prepare and support market players for the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy through the sustainable use of existing natural resources and by testing new business opportunities , upgrading professional skills , facilitating consumers ' access to sustainable products and services , engaging and empowering influencers and testing novel methods to adapt the existing processes and business landscape . to support a broader market uptake of sustainable solutions , general public acceptance and consumer engagement should be promoted .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 61% of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### tackling climate change is one of the most important global challenges requiring a coordinated and ambitious response . the union must address climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 61% of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change . ### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change and anticipate and counter disasters caused by it .


### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change . ### complying with the union ' s commitments under the paris agreement on climate change , which must be respected , requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change .


### union environmental , climate and relevant clean energy policy and legislation have delivered substantial improvements to the state of the environment . however , major environmental and climate challenges remain , which if left unaddressed , will have significant negative consequences for the union and the well - being of its citizens . ### union environmental , climate and relevant clean energy policy and legislation have delivered substantial improvements to the state of the environment . the integration of environmental measures into other policy areas , such as agriculture and energy , bring improvements to the state of the environment . however , major environmental and climate challenges remain , which if left unaddressed , will have significant negative consequences for the union and the well - being of its citizens .


### eets providers shall make available to users on - board equipment which is suitable for use , interoperable and capable of communicating with all electronic toll systems in service in the member states using the technologies listed in annex iv . ### eets providers shall make available to users on - board equipment which is suitable for use , interoperable and capable of communicating with all electronic toll systems in service in the member states using the technologies listed in paragraph 1 .


### additionally , the programme shall include measures for ensuring efficient access to space for the programme and for fostering an innovative space sector . ### additionally , the programme shall include measures for ensuring autonomous access to space for combating it threats , for fostering an innovative and competitive space sector and for supporting space diplomacy .


### sound public governance of the programme requires the strict distribution of responsibilities and tasks among the different entities involved to avoid duplication and reduce cost overruns and delays . ### sound public governance of the programme requires the strict distribution of responsibilities and tasks among the different entities involved , in particular between the european union agency for the space programme and the european space agency , to avoid duplication and reduce cost overruns and delays .


### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union’s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including gender equality and women’s empowerment . ### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union’s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including education and culture , gender equality and the empowerment of women and children .


### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union’s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including gender equality and women’s empowerment . ### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union’s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including education , culture , youth and sport , gender equality , and the empowerment of women and children .