### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article . ### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and low carbon fuels , which are generated from gases effluents produced as an unavoidable and not intentional consequence of the manufacturing or production of products whose intended purpose is commercial use and / or sale , and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article


### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity . ### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity .


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


### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity . ### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 1 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels .


### to determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question may be used . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### to determine the share of renewable electricity for the purposes of paragraph 1 the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question shall be used . an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . however , electricity obtained from a direct connection to an installation generating electricity exclusively from renewable energy that is not connected to the grid may be fully counted as renewable electricity .


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , shall be used to determine the share of renewable energy . an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x and this level shall be maintained as a minimum level post 2030 .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share of advanced biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin and from renewable electricity shall be at least equal to 3 % in 2021 , increasing up to at least 8 , 3 % in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 4 , 6 % by 2030 , following the trajectory set out in part c of annex x .


### member states shall collectively ensure that the share of energy from renewable sources in the union ' s gross final consumption of energy in 2030 is at least 27% . ### member states shall collectively ensure that : the share of energy from renewable sources in the union ' s gross final consumption of energy in 2030 is within the target - range of at least 27% and 33% ; the share of energy from renewable sources in all forms of transport in 2030 is at least 15 % of the final consumption of energy in transport at union level ; the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops is no more than 7 % of the calculation of the union’s gross final consumption of energy in transport in 2030 ; and from 1 january 2021 , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from feedstock with land use emissions greater than 160 gco2eq / mj , is no more than 10 % of the total biofuel mix at union level and is gradually reduced to 1 % by 31 december 2030 .


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


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used directly for the production of renewable liquid and gaseous transport fuels of non - biological origin , the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , shall be used to determine the share of renewable energy . an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled .


### ‘ forest holding’ means one or more parcels of forest and other wooded land which constitute a single unit from the point of view of management or utilisation ; ### ‘ supply base level’ means the geographical region from which the biomass originates ;


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should ensure that measures are taken to avoid and limit negative consequences of harvesting on the environment . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive . ### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector . to foster the uptake of advanced biofuels and restore investor confidence in the mid to long term , the amount of biofuels produced from food and feed crops that can be counted towards the union target , for the transport sector , set out in this directive for the period 2021 - 2030 shall be no more than 7% .


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


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85% for installations starting operation after 1 january 2026 . ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 75% for installations starting operation after 1 january 2026 .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share may be equal to 1 . 5% in 2021 . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix may be 0 . 25% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 .


### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels , and not creating risk of negative impacts on the environment and biodiversity . ### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels based on a lifecycle assessment of emissions , and not creating risk of negative impacts on the environment and biodiversity .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 9 % in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels , other biofuels and biogas produced from feedstock listed in annex ix shall be at least 1 , 5 % of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 5 , 3 % by 2030 , following the trajectory set out in part c of annex x .


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


### by 31 december 2025 , in the context of the biennial assessment of progress made pursuant to regulation [ governance ] , the commission shall assess whether the obligation laid down in paragraph 1 effectively stimulates innovation and promotes greenhouse gas savings in the transport sector , and whether the applicable greenhouse gas savings requirements for biofuels and biogas are appropriate . the commission shall , if appropriate , present a proposal to modify the obligation laid down in paragraph 1 . ### by 31 december 2025 , in the context of the biennial assessment of progress made pursuant to regulation [ governance ] , the commission shall assess whether the obligation laid down in paragraph 1 effectively stimulates innovation and promotes greenhouse gas savings in the transport sector , and whether the applicable greenhouse gas savings requirements for biofuels and biogas are appropriate . the commission shall , if appropriate , present a proposal to modify the obligation laid down in paragraph 1 . any modification shall at least maintain levels reflecting advanced biofuels installed and under construction capacity in 2025 .


### ' biowaste ' means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , and comparable waste from the food processing industry ; ### ‘ biowaste’ means biodegradable waste within the meaning of article 3 of directive 2008 / 98 / ec ;


### ‘ biowaste’ means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , and comparable waste from the food processing industry ; ### ‘ biowaste’ means biowaste as defined in article 3 of directive 2008 / 98 / ec ;


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


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


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85 % for installations starting operation after 1 january 2026 . ### at least 80 % for electricity , heating and cooling production from biomass fuels , other than biogas injected into the gas grid , used in installations starting operation after 1 january 2021 . the commission shall assess , in view of the state of technology , the possibility of integrating a threshold of at least 85 % for installations starting operation after 1 january 2026 . the commission shall , where appropriate , propose a revision of this paragraph by means of a delegated act .


### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems . ### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should favour any biofuels which has a proven high ghg - efficiency , while taking into account indirect land use change , eu biodiversity strategy and ensuring that existing investments are protected .


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the supply base level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


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


### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin . ### moreover , proofs of origin in accordance with the principles set out in article 19 may be used to certify the renewable character of electricity . the use of energy from renewable sources shall be counted towards national renewable - energy targets . in all other cases , the calculation shall be based either on the average share of electricity from renewable energy sources in the union , or on the share of electricity from renewable energy sources in the member state in which the electricity is supplied expressed as an average over the preceding two years .


### the power to adopt delegated acts referred to in articles 7 , 7 ; 19 , 19 , 25 and 28 shall be conferred on the commission for a period of five years from 1st january 2021 . ### the power to adopt delegated acts referred to in articles 7 , 7 ; 19 , 19 , 25 , 28 and 26 shall be conferred on the commission for a period of five years from 1st january 2021 .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x .


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


### it is thus appropriate to establish a union binding target of at least 27% share of renewable energy . member states should define their contribution to the achievement of this target as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] . ### it is thus appropriate to establish a union binding target - range of at least 27% to 33% share of renewable energy . member states should define their contribution to the achievement of this target by setting up their indicative trajectories as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] . the commission should assist member states in this process by setting up the indicative benchmarks to ensure the fair contribution of each member state to the target on renewable energy in 2030 .


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


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


### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 . ### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 .


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


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , the share of electricity from renewable energy sources shall be determined according to the amount of cancelled guarantees of origin of renewable electricity , issued in accordance with article 19 .


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


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


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


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , electricity obtained from direct connection to an installation generating renewable electricity may be counted as renewable electricity . similarly , electricity obtained through power purchase agreements for renewable electricity shall be counted in its entirety as renewable electricity . similarly , electricity from surplus renewable production may be counted in its entirety as renewable electricity if it comes from a grid - stabilisation storage facility .


### emission saving from carbon capture and replacement , eccr , shall be related directly to the production of biofuel or bioliquid they are attributed to , and shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used in the energy or transport sector . ### emission saving from carbon capture and replacement , eccr , shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used to replace fossil - derived co2 used in commercial products and services .


### the share of renewable energy in liquid and gaseous transport fuels shall be determined on the basis of the share of renewable energy in the total energy input used for the production of the fuel . ### the share of renewable energy in liquid and gaseous transport fuels shall be determined on the basis of the share of renewable energy in the total energy input used for the production of the transport fuel . an equivalent amount of guarantees origin issued in accordance with article 19 shall be cancelled .


### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin . ### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin . similarly , electricity obtained through power purchase agreements for renewable electricity shall be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin .


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


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


### at least 50 % for biofuels and bioliquids produced in installations in operation on or before 5 october 2015 ; ### at least 50 % if produced in installations in operation on or before 5 october 2015 ;


### the strengthening of cooperation among member states at eu level is necessary to help member states to prevent and deter undeclared work more efficiently and effectively . ### the strengthening of cooperation among member states at eu level is necessary to help member states to prevent and deter undeclared work more efficiently and effectively , taking into account the gender differences .


### the programme shall support : ### the programme shall promote :


### undertake communication and promotion activities , and activities relating to the commercialisation of the services offered by galileo and egnos ; ### undertake communication and promotion activities , in particular with regard to the services offered by galileo , egnos and copernicus ;


### owing to its coverage and its potential to help resolve global challenges , the space programme of the union has a strong international dimension . the commission should therefore be enabled to manage , on behalf of the union , and coordinate activities on the international scene on behalf of the union , in particular to defend the interests of the union and its member states in international fora , including in the area of frequencies , to promote the union ' s technology and industry , and to encourage cooperation in the field of training , bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties . it is particularly important that the union be represented by the commission in the bodies of the international cospas - sarsat programme or in relevant sectoral un bodies including the food and agriculture organisation , as well as the world meteorological organisation . ### owing to its coverage and its potential to help resolve global challenges , the space programme of the union has a strong international dimension . the commission should therefore be enabled to manage , on behalf of the union , and coordinate activities on the international scene on behalf of the union , in particular to defend the interests of the union and its member states in international fora , including in the area of frequencies . the commission should strengthen economic diplomacy to promote the union ' s technology and industry , and to encourage cooperation in the field of training , bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties and a fair competition at the international level . it is particularly important that the union be represented by the commission in the bodies of the international cospas - sarsat programme or in relevant sectoral un bodies including the food and agriculture organisation , as well as the world meteorological organisation .


### for ssa / govsatcom : eur [ 0 , 5 ] billion . ### for ssa : eur [ 0 , 6 ] billion .


### to foster the autonomy of the union , in particular in technological terms ; ### to foster the autonomy of the union , in particular in technological terms , throughout the entire value chain ;


### provide , or contribute to the provision of , high - quality and up - to - date and , where appropriate , secure space - related data , information and services without interruption and wherever possible at global level , meeting existing and future needs and able to meet the union ' s political priorities , including as regards climate change and security and defence ; ### provide , or contribute to the provision of , high - quality and up - to - date and , where appropriate , secure space - related data , information and services without interruption and wherever possible at global level ; support evidence - based decision - making capacity of the union and its member states ;


### in the first phase of govsatcom existing capacity from private actors and member states will be used . in this first phase services will be introduced in a stepped approach , first to union - level users . if in the course of the first phase a detailed analysis of future supply and demand reveals that this approach is insufficient to cover the evolving demand , the decision may be taken to move to a second phase and develop additional bespoke space infrastructure or capabilities through one or several public - private partnerships , e . g . with union satellite operators . ### in the first phase of govsatcom existing capacity from private actors and member states will be used . in this first phase services will be introduced in a stepped approach . if in the course of the first phase a detailed analysis of future supply and demand reveals that this approach is insufficient to cover the evolving demand , the decision may be taken to move to a second phase and develop additional bespoke space infrastructure or capabilities through one or several public - private partnerships , e . g . with union satellite operators .


### to that end , the commission shall ensure that a risk and threat analysis is performed for each programme ' s component . based on that risk and threat analysis , it shall determine , by means of implementing acts , for each component of the programme , the general security requirements . in doing so , the commission shall take account of the impact of those requirements on the smooth functioning of that component , in particular in terms of cost , risk management and schedule , and shall ensure not to reduce the general level of security or undermine the functioning of the existing equipment based on that component . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 107 . ### to that end , the commission shall perform a risk and threat analysis for the copernicus , sst and govsatcom components and shall ensure that the agency performs a risk and threat analysis for the galileo and egnos components


### the mission of the european union agency for the space programme , which replaces and succeeds the european gnss agency established by regulation no 912 / 2010 , is to contribute to the programme , particularly as regards security . certain tasks linked to the security and promotion of the programme should therefore be assigned to the agency . in relation to security in particular , and given its experience in this area , the agency should be responsible for the security accreditation tasks for all the union actions in the space sector . furthermore , it should perform the tasks which the commission confers on it by means of one or more contribution agreements covering various other specific tasks associated with the programme . ### the mission of the european union agency for the space programme , which replaces and succeeds the european gnss agency established by regulation no 912 / 2010 , is to contribute to the programme , particularly as regards security . certain tasks linked to the security and cybersecurity of the programme and promotion of the services and the downstream sector should therefore be assigned to the agency . in relation to security in particular , and given its experience in this area , the agency should be responsible for the security accreditation tasks for all the union actions in the space sector . furthermore , it should perform the tasks which the commission confers on it by means of one or more contribution agreements covering various other specific tasks associated with the programme .


### for galileo and egnos : to provide of state - of - the - art and , where appropriate , secure positioning , navigation and timing services ; ### for galileo and egnos : to provide on a long - term basis state - of - the - art and , where appropriate , secure positioning , navigation and timing services ;


### development activities linked to autonomous , reliable and cost - efficient access to space ; ### development activities linked to autonomous , reliable and cost - efficient access to space including alternative launching technologies and innovative systems or services , taking into account the essential security interests of the union and its member states , as referred to in article 25 ;


### the establishment of space - related innovation partnerships to develop innovative products or services and for the subsequent purchase of the resulting supply or services ; ### the establishment of space - related innovation partnerships to develop innovative products or services and for the subsequent purchase of the resulting products or services for the needs of the programme ;


### the financial envelope for the implementation of the programme for the period 2021 – 2027 shall be eur [ 16 ] billion in current prices . ### the financial envelope for the implementation of the programme for the period 2021 – 2027 shall be eur [ 16 , 7 ] billion in current prices .


### the tasks referred to in paragraphs 2 and 3 shall be entrusted by the commission by means of a contribution agreement in accordance with [ article 2 ] and [ title vi ] of the financial regulation . ### the tasks referred to in paragraphs 2 and 3 shall be entrusted by the commission by means of a contribution agreement in accordance with [ article 2 ] and [ titlevi ] of the financial regulation and shall be reviewed in accordance with article 102 of this regulation .


### when necessary for the smooth functioning of the programme and the smooth provision of the services provided by the programme ' s components , the commission shall , by means of implementing acts , determine the technical and operational specifications required for the implementation of and evolution of those components and of the services they provide after having consulted users and all the other relevant stakeholders . when determining those technical and operational specifications , the commission shall avoid reducing the general security level and to meet a backward compatibility imperative . ### when necessary for the smooth functioning of the programme and the smooth provision of the services provided by the programme ' s components , the commission shall , by means of delegated acts , determine the high level specifications requirement for the implementation of and evolution of those components and of the services they provide after having consulted users and all the other relevant stakeholders . the commission shall avoid reducing the general security level and to meet a backward compatibility imperative . )


### the union has been developing its own space initiatives and programmes since the end of the 1990s , namely the european geostationary navigation overlay service and then galileo and copernicus , which respond to the needs of union citizens and the requirements of public policies . not only should the continuity of those initiatives be ensured but they must also be improved , so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains , meet the new needs of users and are able to meet political priorities such as climate change , including monitoring changes in the artic , security and defence . ### the union has been developing its own space initiatives and programmes since the end of the 1990s , namely the european geostationary navigation overlay service and then galileo and copernicus , which respond to the needs of union citizens and the requirements of public policies . not only should the continuity of those initiatives be ensured but they must also be improved , so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains , meet the new needs of users and are able to meet the political priorities of all concerned sectors , in particular in the transportation sector .


### as regards galileo and egnos : systems evolution , development of the ground segment and the design and development of satellites ; ### as regards galileo and egnos : technical support to the agency in the discharge of its delegated tasks referred to in article 30 and , when so provided in specific sub - delegation agreements concluded between the agency and the european space agency pursuant to the financial framework partnership agreement under paragraph 2 of this article , procurement in the name and on behalf of the union of systems evolution , development of the ground segment and the design and development of satellites ;


### cross - cutting activities as foreseen by article 3 shall be financed under the programme ' s components . ### cross - cutting activities as foreseen by article 3 , 5 and 6 shall be financed under the programme ' s components .


### member states should have the possibility to use the above - mentioned amounts to continue implementing relocation by re - committing the amounts to the same action in the national programmes . in addition , it should be possible , duly justified in the revision of member states ' national programmes , to use this funding also to address other challenges in the area of migration and asylum , in line with the asylum , migration and integration fund regulation . member states ' needs in these areas remain significant . re - commitments of the above - mentioned amounts to the same action , or their transfer to other actions under the national programme should be possible only once and with the approval of the commission . ### member states should have the possibility to use the above - mentioned amounts to continue implementing relocation by re - committing the amounts to the same action in the national programmes . in addition , it should be possible , where duly justified in the revision of member states ' national programmes , to use this funding also to address other challenges in the area of migration and asylum , in line with the general and specific objectives laid down in the asylum , migration and integration fund regulation . member states ' needs in these areas remain significant . re - commitments of the above - mentioned amounts to the same action , or their transfer to other actions under the national programme should be possible only once and with the approval of the commission . notwithstanding this flexibility , member states should ensure that the allocation of funds takes place in full respect of the principles set out in the financial regulation , in particular efficiency and transparency .


### the additional amounts referred to in paragraph 1 of this article shall be allocated to the member states for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in article 14 of regulation no 514 / 2014 and later in a financing decision to be annexed to the decision approving their national programme . re - commitments of those amounts to the same action under the national programme or transfers thereof to other actions under the national programme shall be possible where duly justified in the revision of the respective national programme . an amount may only be re - committed or transferred once . the commission shall approve the re - commitment or transfer through the revision of the national programme . ### the additional amounts referred to in paragraph 1 of this article shall be allocated to the member states for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in article 14 of regulation no 514 / 2014 and later in a financing decision to be annexed to the decision approving their national programme . re - commitments of those amounts to the same action under the national programme or transfers thereof to other actions under the national programme shall be possible where duly justified in the revision of the respective national programme . an amount may only be re - committed or transferred once . the commission shall approve the re - commitment or transfer through the revision of the national programme . the funding shall be allocated transparently and efficiently in line with the objectives of the national programme .


### member states should have the possibility to use the above - mentioned amounts to continue implementing relocation by re - committing the amounts to the same action in the national programmes . in addition , it should be possible , duly justified in the revision of member states ' national programmes , to use this funding also to address other challenges in the area of migration and asylum , in line with the asylum , migration and integration fund regulation . member states ' needs in these areas remain significant . re - commitments of the above - mentioned amounts to the same action , or their transfer to other actions under the national programme should be possible only once and with the approval of the commission . ### member states should have the possibility to use the above - mentioned amounts to continue implementing relocation by re - committing the amounts to the same action in the national programmes . as a minimum , member states should re - commit 20% of those amounts to the same action in the national programme . for the remainder of those amounts , it should be possible , where duly justified in the revision of member states ' national programmes , to use this funding also to address other challenges in the area of migration and asylum , in line with the asylum , migration and integration fund regulation . in that regard , at least 20% of the amount transferred to other actions should be used for the objective of strengthening and developing all aspects of the common european asylum system and at least 20% of the amount transferred to other actions should be used for the objective of supporting legal migration to the member states and promoting the effective integration of third - country nationals . member states ' needs in those areas remain significant . re - commitments of the above - mentioned amounts to the same action , or their transfer to other actions under the national programme should be possible only once and with the approval of the commission


### the report on income tax information should provide information concerning all the activities of an undertaking or of all the affiliated undertakings of a group controlled by an ultimate parent undertaking . the information should be based on the reporting specifications of beps’ action 13 and should be limited to what is necessary to enable effective public scrutiny , in order to ensure that disclosure does not give rise to disproportionate risks or disadvantages . the report should also include a brief description of the nature of the activities . such description might be based on the categorisation provided for in table 2 of the annex iii of chapter v of the oecd “transfer pricing guidelines on documentation” . the report should include an overall narrative providing explanations in case of material discrepancies at group level between the amounts of taxes accrued and the amounts of taxes paid , taking into account corresponding amounts concerning previous financial years . ### the report on income tax information should provide information concerning all the activities of an undertaking or of all the affiliated undertakings of a group controlled by an ultimate parent undertaking . the information should be limited to what is necessary to enable effective public scrutiny , in order to ensure that disclosure does not give rise to disproportionate risks or disadvantages in terms of competitiveness or misinterpretation for the undertakings concerned . the report should also include a brief description of the nature of the activities . such description might be based on the categorisation provided for in table 2 of the annex iii of chapter v of the oecd ' transfer pricing guidelines on documentation ' . the report should include an overall narrative providing explanations in case of material discrepancies at group level between the amounts of taxes accrued and the amounts of taxes paid , taking into account corresponding amounts concerning previous financial years .


### enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the union is an essential element to further foster corporate responsibility , to contribute to the welfare through taxes , to promote fairer tax competition within the union through a better informed public debate and to restore public trust in the fairness of the national tax systems . such public scrutiny can be achieved by means of a report on income tax information , irrespective of where the ultimate parent undertaking of the multinational group is established . ### in addition to the increased transparency created by country - by - country reporting to national tax authorities , enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the union is an essential element to further foster corporate responsibility , to contribute to the welfare through taxes , to promote fairer tax competition within the union through a better informed public debate and to restore public trust in the fairness of the national tax systems . such public scrutiny can be achieved by means of a report on income tax information , irrespective of where the ultimate parent undertaking of the multinational group is established .


### in recent years , the challenge posed by corporate income tax avoidance has increased considerably and has become a major focus of concern within the union and globally . the european council in its conclusions of 18 december 2014 acknowledged the urgent need to advance efforts in the fight against tax avoidance both at global and union level . the commission in its communications entitled ' commission work programme 2016 - no time for business as usual ' 16 and ' commission work programme 2015 - a new start ' 17 identified as a priority the need to move to a system whereby the country in which profits are generated is also the country of taxation . the commission also identified as a priority the need to respond to our societies ' call for fairness and tax transparency . __________________ 16 com 610 final of 27 october 2015 . 17 com 910 final of 16 december 2014 . ### in recent years , the challenge posed by corporate income tax avoidance and aggressive tax planning has increased considerably and has become a major focus of concern within the union and globally . the european council in its conclusions of 18 december 2014 acknowledged the urgent need to advance efforts in the fight against tax avoidance both at global and union level . the commission in its communications entitled ' commission work programme 2016 - no time for business as usual ' 16 and ' commission work programme 2015 - a new start ' 17 identified as a priority the need to move to a system whereby the country in which profits are generated is also the country of taxation . in this way , by requiring companies to pay tax in the country in which income is generated , public scrutiny can reinforce public trust and strengthen corporate social responsibility , helping to enhance welfare levels . the commission also identified as a priority the need to respond to our societies ' call for fairness and tax transparency with a view to establishing an equitable and efficient corporate tax system in the eu . __________________ 16 com 610 final of 27 october 2015 . 17 com 910 final of 16 december 2014 .


### member states shall require ultimate parent undertakings governed by their national laws and having a consolidated net turnover exceeding eur 750 000 000 as well as undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding eur 750 000 000 to draw up and publish a report on income tax information on an annual basis . ### member states shall require ultimate parent undertakings governed by their national laws which on their balance sheet in a financial year have or exceed a consolidated net turnover of eur 750 000 000 as well as undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding eur 750 000 000 to draw up , publish and make accessible for free a report on income tax information .


### the report on income tax information shall be made accessible to the public on the website of the undertaking on the date of its publication . ### the report on income tax information shall be made accessible to the public for free in a common template on the website of the undertaking on the date of its publication in at least one of the official languages of the european union .


### the report on income tax information shall be made accessible to the public on the date of its publication on the website of the subsidiary undertaking or on the website of an affiliated undertaking . ### the report on income tax information shall be made accessible to the public for free and in a common template on the date of its publication on the website of the subsidiary undertaking or on the website of an affiliated undertaking in at least one of the official languages of the european union .


### to ensure that cases of non - compliance are disclosed to the public , statutory auditor or audit firm should check whether the report on income tax information has been submitted and presented in accordance with the requirements of this directive and made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking . ### to ensure that cases of non - compliance are disclosed to the public , statutory auditor or audit firm should state whether the report on income tax information has been submitted and presented in accordance with the requirements of this directive and made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking within the time limits provided for in this directive .


### enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the union is an essential element to further foster corporate responsibility , to contribute to the welfare through taxes , to promote fairer tax competition within the union through a better informed public debate and to restore public trust in the fairness of the national tax systems . such public scrutiny can be achieved by means of a report on income tax information , irrespective of where the ultimate parent undertaking of the multinational group is established . ### enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the union is an essential element to further foster corporate responsibility , to contribute to the welfare through taxes , to promote fairer tax competition within the union through a better informed public debate and to restore public trust in the fairness of the national tax systems . such public scrutiny can be achieved by means of a report on income tax information , irrespective of where the ultimate parent undertaking of the multinational group is established . at the same time , such reporting strengthens dialogue and promotes mutual trust within undertakings since it can provide objective and reliable data about the companies’ situation , raising in this way awareness in all stakeholders , including employees , of adaptation needs . it may also contribute to employee involvement in the operation and in the future of the undertaking and increase its competitiveness .


### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each member state , the information should be broken down by member state . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges . for all other third country operations , the information should be given in an aggregate number . ### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each member state , without harming the companies ' competitiveness , the information should be broken down by member state . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges . for all other third country operations , the information should be given in an aggregate number .


### calling for a globally fair and modern international tax system in november 2015 , the g20 endorsed the oecd ‘ action plan on base erosion and profit shifting’ which aimed at providing governments with clear international solutions to address the gaps and mismatches in existing rules which allow corporate profits to shift to locations of no or low taxation , where no real value creation may take place . in particular , beps action 13 introduces a country - by - country reporting by certain multinational undertakings to national tax authorities on a confidential basis . on 27 january 2016 , the commission adopted the ‘ anti - tax avoidance package’ . one of the objectives of that package is to transpose into union law , the beps action 13 by amending council directive 2011 / 16 / eu20 . __________________ 20 council directive 2011 / 16 / eu of 15 february 2011 on administrative cooperation in the field of taxation and repealing directive 77 / 799 / eec . ### calling for a globally fair and modern international tax system in november 2015 , the g20 endorsed the oecd ' action plan on base erosion and profit shifting ' which aimed at providing governments with clear international solutions to address the gaps and mismatches in existing rules which allow corporate profits to shift to locations of no or low taxation , where no real value creation may take place . the beps initiative fell short of the pledge that the g20 finance ministers issued in st . petersburg in september 2013 when they stated that ' profits should be taxed where economic activities deriving the profits are performed and where value is created . ' [ 1 ] the failure of the beps process to meet its original objectives underlines the importance of heightened country - level reporting for all large enterprises . in particular , beps action 13 introduces a country - by - country reporting by certain multinational undertakings to national tax authorities on a confidential basis . on 27 january 2016 , the commission adopted the ' anti - tax avoidance package ' . one of the objectives of that package is to transpose into union law , the beps action 13 by amending council directive 2011 / 16 / eu20 . however , taxing profits where the value is created requires a more comprehensive approach to country - by - country reporting that is based on public reporting . __________________ 20 council directive 2011 / 16 / eu of 15 february 2011 on administrative cooperation in the field of taxation and repealing directive 77 / 799 / eec .


### the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a member state and which has a consolidated net turnover exceeding eur 750 000 000 or an undertaking that is not an affiliated and which has a net turnover exceeding eur 750 000 000 ; ### the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a member state and which on its balance sheets has a consolidated net turnover exceeding eur 750 000 000 in a financial year or an undertaking that is not an affiliated and which has a net turnover exceeding eur 750 000 000 in a financial year ;


### the report on income tax information shall be published and made accessible on the website in at least one of the official languages of the union . ### the report on income tax information shall be published in a common eu template and made accessible for free on the website in at least one of the official languages of the union .


### member states shall require branches which are opened in their territories by an undertaking which is not governed by the law of a member state to publish on an annual basis the report on income tax information of the ultimate parent undertaking referred to in point of paragraph 5 of this article . ### member states shall require branches which are opened in their territories by an undertaking which is not governed by the law of a member state to publish on an annual basis the report on income tax information referred to in point of paragraph 5 of this article .


### four members with the right to vote representing civil society and food chain interests namely , one from consumers organisations , one from environmental non - governmental organisations , one from farmers organisations and one from industry organisations . those members shall be appointed by the council in consultation with the european parliament on the basis of a list drawn up by the commission which includes more names than there are posts to be filled . the list drawn up by the commission shall be forwarded to the european parliament , together with the relevant background documents . as quickly as possible and within three months of notification , the european parliament may submit its views for consideration to the council , which shall then appoint those members . ### six members with the right to vote representing civil society and food chain interests namely , one from consumers organisations , one from environmental non - governmental organisations , one from farmers organisations , one from fisheries and aquaculture organisations , one from the agrochemical industry and one from the food industry . those members shall be appointed by the council in consultation with the european parliament on the basis of a list drawn up by the commission which includes more names than there are posts to be filled . the list drawn up by the commission shall be forwarded to the european parliament , together with the relevant background documents . as quickly as possible and within three months of notification , the european parliament may submit its views for consideration to the council , which shall then appoint those members .


### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for a period of five years from the [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' . ### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' .


### smes may choose to draw up a prospectus under the minimum disclosure regime for smes in the case of an offer of securities to the public provided that they have no securities admitted to trading on a regulated market . ### issuers may choose to draw up a prospectus under the proportionate disclosure regime set out in this article provided that they have no securities admitted to trading on a regulated market and provided that they are either : making an offer of securities to the public with a total consideration in the union of a monetary amount not exceeding eur 10 000 000 , calculated over a period of 12 months , and which is notified in accordance with article 24 ; or smes making an offer of securities to the public in at least one member state .


### the risk factors featured in a prospectus shall be limited to risks which are specific to the issuer and / or the securities and are material for taking an informed investment decision , as corroborated by the content of the registration document and the securities note . they shall be allocated across a maximum of three distinct categories which shall differentiate them by their relative materiality based on the issuer ' s assessment of the probability of their occurrence and the expected magnitude of their negative impact . ### the risk factors featured in a prospectus shall be limited to risks which are specific to the issuer and / or the securities and are material for taking an informed investment decision , as corroborated by the content of the registration document and the securities note .


### an offer of securities addressed to fewer than 150 natural or legal persons per member state , other than qualified investors ; ### addressed to fewer than 500 natural or legal persons per member state , other than qualified investors ; existing shareholders and employees shall not be included when calculating the number of persons to whom the offer is addressed ;


### esma shall develop guidelines on the assessment by competent authorities of the specificity and materiality of risk factors and on the allocation of risk factors across categories . ### esma shall develop guidelines on the assessment of the specificity and materiality of risk factors . in addition , esma shall develop guidelines to assist competent authorities in their review of risk factors in a manner which encourages appropriate and focused risk factor disclosure by issuers .


### a member state may exempt offers of securities to the public from the prospectus requirement of paragraph 1 provided that : the offer is made only in that member state , and the total consideration of the offer is less than a monetary amount calculated over a period of 12 months , which shall not exceed eur 10 000 000 . member states shall notify the commission and esma of the exercise of the option under this paragraph , including the consideration of the offer chosen below which the exemption for domestic offers applies . ### offers of securities to the public shall be exempt from the prospectus requirement of paragraph 1 provided that : the offer is not subject to notification in accordance with article 24 , and the total consideration of the offer is less than a monetary amount calculated over a period of 12 months , which shall not exceed eur 10 000 000 . member states shall not impose or maintain disclosure requirements for offers exempted under this paragraph .


### smes may choose to draw up a prospectus under the minimum disclosure regime for smes in the case of an offer of securities to the public provided that they have no securities admitted to trading on a regulated market . ### smes and mid - cap enterprises as well as issuers referred to in article 3 may choose to draw up an eu growth prospectus under the proportionate disclosure regime set out in this article in the case of an offer of securities to the public except where the securities are to be admitted to trading on a regulated market .


### the introduction of the summary shall contain the name of the securities , the identity and contact details of the issuer , the offeror or the person seeking admission , the identity and contact details of the home competent authority and the date of the document . it shall contain warnings that : ### the section referred to in point of paragraph 4 shall contain the name of the securities , the identity and contact details of the issuer , the offeror or the person seeking admission , the identity and contact details of the home competent authority and the date of the document . it shall contain warnings that :


### an offer of securities with a total consideration in the union of less than eur 500 000 , which shall be calculated over a period of 12 months ; ### an offer of securities with a total consideration in the union of less than eur 1 000 000 , which shall be calculated over a period of 12 months ;


### for offers of securities to the public of a consideration below eur 500 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should refrain to impose at national level disclosure requirements which would constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market . ### for offers of securities to the public with a total consideration in the union of less than eur 1 000 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should , moreover , refrain from imposing at national level disclosure requirements which would constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market .


### one of the core objectives of the capital markets union is to facilitate access to financing on capital markets for smes in the union . as such companies usually need to raise relatively lower amounts than other issuers , the cost of drawing up a prospectus can be disproportionately high and may deter them from offering their securities to the public . at the same time , because of their size and shorter track record , smes might carry a higher investment risk than larger issuers and should disclose sufficient information for investors to take their investment decision . a proper balance should therefore be struck between the cost - efficient access to financial markets and investor protection when calibrating the content of a prospectus applying to smes and a specific disclosure regime should therefore be developed for smes to achieve that objective . ### one of the core objectives of the capital markets union is to facilitate access to financing on capital markets for smes in the union . as such companies usually need to raise relatively lower amounts than other issuers , the cost of drawing up a prospectus can be disproportionately high and may deter them from offering their securities to the public . at the same time , because of their size and shorter track record , smes might carry a higher investment risk than larger issuers and should disclose sufficient information for investors to take their investment decision . a proper balance should therefore be struck between the cost - efficient access to financial markets and investor protection when calibrating the content of a prospectus applying to smes and a specific disclosure regime should therefore be developed for smes and issuers seeking admission to sme growth markets to achieve that objective .


### the introduction of the summary shall contain the name of the securities , the identity and contact details of the issuer , the offeror or the person seeking admission , the identity and contact details of the home competent authority and the date of the document . it shall contain warnings that : ### the introduction shall contain : the name of the securities ; the identity and contact details of the issuer , including its lei ; the offeror including its lei where appropriate ; or the person seeking admission ; the identity and contact details of the home competent authority and the date of the document . it shall contain warnings that :


### without prejudice to article 30 of regulation no 1095 / 2010 , esma shall organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities , including notifications of approval between competent authorities . the peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers ' ability to raise capital in the european union . the report on this peer review shall be published no later that three years after the date of application of this regulation . in the context of this peer review , esma shall , where appropriate , request opinions or advice from the securities and markets stakeholder group referred to in article 37 of regulation no 1095 / 2010 . ### without prejudice to article 30 of regulation no 1095 / 2010 , esma shall organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities , including notifications of approval between competent authorities . the peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers ' ability to raise capital in the european union . the report on this peer review shall be published no later than three years after the date of application of this regulation . in the context of this peer review , esma shall take into account advice from the securities and markets stakeholder group referred to in article 37 of regulation no 1095 / 2010 .