### eu blue card holders should be allowed to move to a second member state under simplified conditions where they intend to apply for a new eu blue card based on an existing work contract or binding job offer . second member states should not be allowed to require from eu blue card holders any other authorisation than the eu blue card issued by the first member state . as soon as they submit an application for an eu blue card within the deadline provided for in this directive , they should be allowed to begin employment . in the second member state the procedure for issuing an eu blue card should be simplified compared to the first eu blue card ; as the mobile eu blue card holder has already exercised highly skilled activity in one member state for a certain period of time , the second member state should not have the need to control all the same details for a second time . however , mobility should remain demand - driven and therefore a work contract should always be required in the second member state , and the salary should meet the threshold set by the second member state in accordance with this directive . ### eu blue card holders should be allowed to move to a second member state under their eu blue card subject to notifying the second member state of the fact that they are moving to that second member state for the purposes of employment under the eu blue card . second member states should not be allowed to require from eu blue card holders any authorisation other than the eu blue card issued by the first member state . once the eu blue card holder has submitted his or her notification within the deadline provided for in this directive , they should be allowed to begin employment . the second member state should retain the right to object to the mobility , but the procedure should be simplified ; as the mobile eu blue card holder has already exercised highly skilled activity in one member state for a certain period of time , the second member state should not have the need to control all the same details for a second time . however , a work contract should always be required in the second member state , all the conditions in applicable laws , collective agreements or practices in the relevant occupational branch should be met , and , if relevant , the salary should meet the threshold set by the second member state in accordance with this directive .


### the level of fees required by member states for the processing of applications shall not be disproportionate or excessive . ### member states may require the payment of fees for the handling of applications in accordance with this directive . the level of fees required by member states for the processing of applications shall not be disproportionate or excessive .


### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his employer or both shall submit an application for an eu blue card to the competent authority of that member state and present all the documents proving the fulfilment of the conditions referred to in paragraph 3 for the second member state . ### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his or her employer or both shall notify the competent authority of that second member state of his or her employment in that member state and shall present the documents required under paragraph 3 .


### since eu blue card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors , the principle of access to the labour market should be the general rule . however , in circumstances where the domestic labour market undergoes serious disturbances such as a high level of unemployment in a given occupation or sector , which may be limited to particular regions or other parts of the territory , a member state should be able to take into account the situation of its labour market before issuing an eu blue card . ### since eu blue card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors , the principle of access to the labour market should be the general rule . in circumstances where the domestic labour market suffers an acute level of unemployment in a given occupation or sector , which may be limited to particular regions or other parts of the territory , a member state should be able to take into account the situation of its labour market before issuing an eu blue card .


### professional qualifications acquired by a third - country national in another member state should be recognised in the same way as those of union citizens . qualifications acquired in a third country should be taken into account in accordance with directive 2005 / 36 / ec of the european parliament and of the council42 . where a third - country national is applying for an eu blue card to practice an unregulated profession , member states should avoid excessive formal requirements and full recognition procedures regarding qualifications , wherever sufficient evidence can be otherwise obtained . _________________ 42 directive 2005 / 36 / ec of the european parliament and of the council of 7 september 2005 on the recognition of professional qualifications . ### qualifications , skills and work experiences acquired by a third - country national in another member state should be recognised in the same way as those of union citizens . qualifications acquired in a third country should be taken into account in accordance with directive 2005 / 36 / ec of the european parliament and of the council42 . where a third - country national is applying for an eu blue card to practice an unregulated profession , member states should avoid excessive formal requirements and full recognition procedures regarding qualifications , wherever sufficient evidence can be otherwise obtained . _________________ 42 directive 2005 / 36 / ec of the european parliament and of the council of 7 september 2005 on the recognition of professional qualifications .


### it is necessary to provide for a flexible demand - driven admission system based on objective criteria , such as a work contract or a binding job offer of at least 6 months , a salary threshold adaptable by the member states to the situation in its labour market and higher professional qualifications . ### it is necessary to provide for a flexible admission system based on objective criteria , such as a work contract or a binding job offer of at least 6 months , compliance with the applicable laws , collective agreements or national practices in the relevant occupational branches , the option of a salary threshold adaptable by the member states to the situation in its labour market and higher education qualifications or higher professional skills .


### without prejudice to paragraph 1 , any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality . ### any decision to reject an application pursuant to paragraph 3 shall take account of the specific circumstances of the case and shall be proportionate .


### this directive should not apply to categories of third - country nationals to whom a particular scheme under union law , with specific entry conditions and sets of rights , applies when the inclusion of those categories in this directive would go against the rationale of the particular scheme , create unnecessary legal complexity or entail a risk of abuses . this directive should not apply to third - country nationals who apply to reside in a member state as researchers in order to carry out a research project , as they fall within the scope of directive 2016 / 801 of the european parliament and of the council37 which introduces a specific procedure for admitting third - country nationals for the purposes of scientific research . however , once admitted under directive 2016 / 801 , legally residing researchers should be entitled to apply for an eu blue card under this directive for other purposes than those covered under directive 2016 / 801 . __________________ 37 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing . ### this directive should not apply to third - country nationals who apply to reside in a member state as researchers in order to carry out a research project , as they fall within the scope of directive 2016 / 801 of the european parliament and of the council37 which introduces a specific procedure for admitting third - country nationals for the purposes of scientific research . however , once admitted under directive 2016 / 801 , legally residing researchers should be entitled to apply for an eu blue card under this directive for other purposes than those covered under directive 2016 / 801 . equally , legally residing eu blue card holders should be entitled to apply to reside as researchers under directive 2016 / 801 . the provisions of that directive should be clarified so as to ensure such a possibility . __________________ 37 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing .


### while some special rules are provided in this directive regarding entry and stay in a second member state for the purpose of business activity , as well as moving to a second member state to apply for a new eu blue card in its territory , all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the schengen acquis apply . ### while some special rules are provided in this directive regarding entry and stay in a second member state for the purpose of business activity , as well as moving to a second member state to reside and work there under the eu blue card in its territory , all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the schengen acquis apply .


### for the purpose of residence of beneficiaries of international protection across member states , it is necessary to ensure that member states other than the one which issued international protection are informed of the protection background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement . ### for the purpose of residence of beneficiaries of international protection or the relevant category of applicants for international protection across the member states , it is necessary to ensure that member states other than the one which issued international protection , or the one that is responsible for the application for international protection , are informed of the protection or application background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement .


### without prejudice to paragraph 1 , any decision to withdraw or refuse to renew an eu blue card shall take account of the specific circumstances of the case and respect the principle of proportionality . ### without prejudice to paragraph 1 , any decision to withdraw an eu blue card taken pursuant to paragraph 2 shall take account of the specific circumstances of the case and shall be proportionate .


### by way of derogation from article 10 , the second member state shall adopt a decision on an application for an eu blue card and notify the applicant and the first member state in writing at the latest within 30 days of the date of submission of the application of its decision to either : ### by way of derogation from article 10 , the second member state shall adopt a decision on the notification and inform the eu blue card holder and the first member state in writing at the latest within 30 days of the date of submission of the notification of its decision to either :


### member states shall determine whether applications for an eu blue card are to be made by the third - country national or by the employer . member states may also allow an application from either of the two . ### member states shall allow applications for an eu blue card from either the third - country national or by the employer . where an application involves a recognised employer in accordance with article 12 , the employer shall lodge the application . an application made by the employer shall not restrict the procedural rights enjoyed by the third - country national seeking the eu blue card during the application procedure , or the rights enjoyed by the eu blue card holder during the period of employment or the eu blue card renewal procedure .


### the second member state may reject an application for an eu blue card on the basis of a check made in accordance with article 6 after a justified notification as set out in that article , and only if the second member state has also introduced such checks for third - country nationals coming from third countries under this directive . ### where a second member state objects to mobility , that objection shall not affect the renewal of the eu blue or the re - entry of the eu blue card holder and his or her family members to the first member state . upon request of the second member state , the first member state shall allow such re - entry without formalities and without delay . this shall also apply if the eu blue card issued by the first member state has expired or has been withdrawn during the notification period . the eu blue card holder or his or her employer in the second member state may be held liable for the costs relating to the re - entry of the eu blue card holder and his or her family members .


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to this group of eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . __________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection and certain categories of applicants for international protection have a set of rights including labour market access in the member state having granted them protection or responsible for their application for international protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection , or applicant for international protection , and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to refugees who are eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . __________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification .


### member states may refuse to recognise an employer pursuant to paragraph 1 , where the employer has been sanctioned for employment of illegally staying third - country nationals pursuant to directive 2009 / 52 / ec . ### member states may refuse to recognise an employer pursuant to paragraph 1 , where the employer has been sanctioned for employment of illegally staying third - country nationals pursuant to directive 2009 / 52 / ec or where the employer has failed to meet its legal obligations regarding social security , taxation , labour rights or working conditions .


### an eu - wide admission system to attract and retain highly skilled workers into the union should be created . member states should issue an eu blue card instead of a national permit to all applicants falling within the scope of this directive . member states should retain the right to issue permits other than eu blue card for any purpose of employment to third - country nationals who fall outside of the scope of this directive , subject to the limitations following from other directives in the area of labour migration . ### an eu - wide admission system to attract and retain highly skilled workers into the union should be created . member states should retain the right to issue permits other than eu blue card for any purpose of employment to third - country nationals who fall outside of the scope of this directive .


### where the conditions laid down in this article are not fulfilled , refuse to issue an eu blue card and oblige the applicant and his family members , in accordance with the procedures provided for in national law , to leave its territory . ### where the conditions laid down in this article are not fulfilled , to object to the mobility and oblige the applicant and his family members , in accordance with the procedures provided for in national law , to leave its territory .


### where the eu blue card holder moves to a second member state to apply for an eu blue card and he or she is accompanied by family members , that member state should be able to require evidence of their lawful residence in the first member state . besides , in case of crossing of an external border within the meaning of regulation 2016 / 399 , the members states applying the schengen acquis in full should consult the schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay , as referred to in regulation no 1987 / 2006 of the european parliament and of the council45 , has been issued in that system . __________________ 45 regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system . ### where the eu blue card holder moves to a second member state to apply for an eu blue card and he or she is accompanied by family members , that member state should be able to require the family members to present their residence permits issued in the first member state . in case of crossing of an external border within the meaning of regulation 2016 / 399 , the members states applying the schengen acquis in full should consult the schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay , as referred to in regulation no 1987 / 2006 of the european parliament and of the council45 , has been issued in that system . __________________ 45 regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system .


### energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy . the reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the union’s energy dependency and greenhouse gas emissions , especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the conference of the parties of the united nation framework convention on climate change held in paris in december 2015 . member states should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements . for this purpose member states should be allowed to use calculation methodologies established under directive 2010 / 31 / eu . ### energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy . the reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the union’s energy dependency and greenhouse gas emissions , especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the conference of the parties of the united nation framework convention on climate change held in paris in december 2015 . for the purposes of the energy savings obligation in article 7 , member states should therefore be able to take into account the amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements .


### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source . ### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption , when this is technically feasible and cost - efficient in view of the measurement devices in place . it should be clarified that whether sub - metering is cost - efficient or not depends on whether the related costs are proportionate in relation to the potential energy savings . it should be also clarified that rights relating to billing and billing or consumption information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . the definition of the term ' final customer ' may be understood to include only natural or legal persons purchasing energy based on a direct , individual contract with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should be introduced to refer to a broader group of consumers . the term ' final user ' should in addition to final customers purchasing heating , cooling or hot water for their own use , cover also occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source and where the occupants have no direct or individual contract with the energy supplier . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source .


### for all measures other than those relating to taxation measures , member states shall put in place measurement , control and verification systems under which documented audits are carried out on a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties . this measurement , control and verification shall be conducted independently of the participating and entrusted parties . ### for all measures other than those relating to taxation measures , member states shall put in place measurement , control and verification systems under which at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties is verified . this measurement , control and verification shall be conducted independently of the participating and entrusted parties .


### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source . ### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption , when this is technically feasible and cost - efficient in view of the measurement devices in place . the cost - efficiency of sub - metering depends on whether the related costs are proportionate in relation to the potential energy savings . it should also be clarified that rights relating to billing and billing or consumption information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . the definition of the term ´final customer´ may be understood to include only natural or legal persons purchasing energy based on a direct , individual contract with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , in addition to final customers purchasing heating , cooling or hot water for their own use covers occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source and where the occupants have no direct or individual contract with the energy supplier . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source .


### for all measures other than those relating to taxation measures , member states shall put in place measurement , control and verification systems under which documented audits are carried out on a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties . this measurement , control and verification shall be conducted independently of the participating and entrusted parties . ### for all measures other than those relating to taxation measures , member states shall put in place measurement , control and verification systems under which at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties is verified . this measurement , control and verification shall be conducted independently of the participating or entrusted parties .


### in new buildings of the kind referred to in the first sub - paragraph or when such a building undergoes major renovation , as set out in directive 2010 / 31 / eu , individual meters shall always be provided . ### in new multi - apartment buildings and in the residential part of new multi - purpose buildings with central hot water preparation or supplied with hot water from district heating systems , individual meters shall , notwithstanding paragraph 1 , be provided for hot water .


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; _________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , and social development ; _________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### as a result of the assessment the entity may be attributed the european solidarity corps quality label . the obtained label shall be re - assessed periodically and may be revoked . ### as a result of the assessment the entity may be attributed the european solidarity corps quality label . the obtained label shall be reassessed every two years and may be revoked .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact and presence of plastics , including microplastics , in and on the environment , in particular aquatic and land ecosystems , and on human and animal health as well as to promote the transition to a circular , non - toxic economy with innovative business models , non - toxic products and materials , encouraging good practices for the reduction of plastic waste and contributing to the efficient functioning of the internal market .


### the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment , and in particular on the marine environment . ### the impact of plastic and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment , and in particular on the marine environment .


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the most commonly found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union , and also fishing gear . the transition to a circular economy will necessitate a reduction in the overall use of single use plastic .


### for the purposes of this article metal caps or lids with plastic seals shall not be considered to have a significant part made of plastic . ### for the purposes of this article metal caps or lids with plastic seals shall not be considered as caps and lids for products in part c .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and move towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . reductions in overall consumption of single use products is crucial in transitioning to a circular economy . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling .


### member states shall ensure that single - use plastic products listed in part c of the annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage . ### member states shall ensure that single - use plastic products listed in part c of the annex may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage .


### the high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life . its growing use in short - lived applications , which are not designed for re - use or cost - effective recycling means that related production and consumption patterns have become increasingly inefficient and linear . therefore , in the context of the circular economy action plan32 , the commission concluded in the european strategy for plastics33 that the steady increase in plastic waste generation and its leakage into our environment , in particular into the marine environment , must be tackled in order to achieve a truly circular lifecycle for plastics . __________________ 32 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' closing the loop – an eu action plan for the circular economy ' 0614 final ) . 33 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) . ### the growing use of plastic in short - lived applications , which are not designed for re - use or cost - effective recycling means that related production and consumption patterns have become increasingly inefficient and linear . therefore , in the context of the circular economy action plan32 , the commission concluded in the european strategy for plastics33 that the steady increase in plastic waste generation and its leakage into our environment , in particular into the marine environment , must be tackled in order to achieve a truly circular lifecycle for plastics . __________________ 32 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' closing the loop – an eu action plan for the circular economy ' 0614 final ) . 33 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' a european strategy for plastics in a circular economy ' 28 final ) .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a non - toxic circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market .


### the data on single - use plastic products listed in part a of the annex that have been placed on the union market each year , to demonstrate the consumption reduction in accordance with article 4 ; ### the data on single - use plastic products listed in part a of the annex that have been placed on the union market each year , to demonstrate the consumption reduction in accordance with article 4 for those items listed under part a and f , and to establish a baseline and trends for the items listed in part c , d , e and g ;


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union , and fishing gear which causes significant damage as marine pollution . in addition , in the context of transitioning to a circular economy , member states should aim to achieve an overall reduction in the consumption of all single - use products and packaging . in doing so it has to avoid any discrimination .


### those measures may include national consumption reduction targets , measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer , economic instruments such as ensuring that single - use plastic products are not provided free of charge at the point of sale to the final consumer . those measures may vary depending on the environmental impact of the products referred to in the first subparagraph . ### those measures shall include national consumption reduction targets , measures ensuring that reusable alternatives to those products , such as returnable and re - usable glass or wooden ones , are made available at the point of sale to the final consumer , economic instruments such as ensuring that single - use plastic products are not provided free of charge at the point of sale to the final consumer or restrictions on placing on the market , and measures to raise awareness and empower consumers to recycle plastic packaging . those measures may vary depending on the environmental impact of the products referred to in the first subparagraph , and whether their collection and recycling can be guaranteed .


### the commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 by . . . [ 12 months before the end - date for transposition of this directive ] . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and significantly reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to strengthen the eu´s leading role to promote the transition to a circular economy with innovative and sustainable business models , products and non - toxic materials , thus also contributing to the efficient functioning of the internal market .


### that report shall also indicate whether : ### that report shall indicate whether the annex listing single - use plastic products needs to be reviewed to include other single - use plastic items .


### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added , and which can function as a main structural component of final products , with the exception of natural polymers that have not been chemically modified ; ### ' plastic ' means a material consisting of a polymer within the meaning of article 3 of regulation no 1907 / 2006 , to which additives or other substances may have been added with the exception of natural polymers that have not been chemically modified ;


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and significantly reduce the impact of plastics on the environment , in particular the aquatic environment , and on human health , as well as to promote the transition to a non - toxic circular economy through a reduction in production and consumption of single use plastics , with sustainable business models , non - toxic products and materials .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec . ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste , as well as lost fishing gear found at sea , on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . __________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec .


### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation . ### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation . this directive is without prejudice to the provisions established in directive 94 / 62 / ec regarding single - use plastic products that are considered packaging items as defined by article 3 therein .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions , this directive lays down a ban by 2025 on these single - use plastic products . by 2025 , member states are required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling .


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . in addition , they can cause substantial damage to sewer networks by clogging pumps and blocking pipes . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental and economic impacts of litter as a result of inappropriate disposal . the commission should take account of sectorial voluntary agreements adopted for clear labelling rules in order to inform consumers , for example via a logo , whether or not the product is recyclable . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable .


### appropriate waste disposal options for the product or waste disposal means to be avoided for that product , ### appropriate waste disposal options for the product and particular waste disposal means to be avoided for that product if relevant ,


### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . ### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to immediately prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted .


### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 5 , 6 , 7 and 8 when one of the following conditions is fulfilled : ### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 4 , 5 , 6 , 7 , 8 , 9 and when one of the following conditions is fulfilled :


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching or scientific research , to the extent justified by the non - commercial purpose to be achieved , provided that the use :


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector , as well as a right of the author and performer to audit . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective , enforceable and ensures an appropriate level of transparency .


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


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception for all persons , whether legal or natural , to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . stakeholder dialogue aimed at expanding access to database purely for text and data mining purposes should be encouraged , where research organizations do not currently have legal access to original works .


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


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 shall be submitted to an voluntary , alternative dispute resolution procedure . the author´s or the performer´s contractual counterpart shall take part , in good faith , in the dispute resolution procedure .


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


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


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . such an exception should cover both cultural heritage institutions holding the works or other subject - matter and third parties mandated by such cultural heritage institutions to reproduce the works or other subject - matter within the scope of the exception .


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


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers , who are in a contractual relationship where there are ongoing payment obligations , receive on a regular basis and no less than once a year and taking into account the specificities of each sector , timely , adequate , accurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , or their successors in title , notably as regards modes of exploitation , revenues generated and remuneration due .


### ‘ research organisation’ means a university , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services : ### ‘ research organisation’ means a university , a research institute or any other organisation the primary goal of which is to conduct and support scientific research or to conduct scientific research and provide educational services :


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### different approaches in the member states for acts of preservation by cultural heritage institutions hamper cross - border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market , leading to an inefficient use of resources . ### different approaches in the member states for acts of preservation by cultural heritage institutions , research organisations and educational establishments hamper cross - border cooperation and the sharing of means of preservation in the internal market , leading to an inefficient use of resources . member states should facilitate the cross - border sharing of best - practices , new technologies and preservation techniques .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted may be applied . such measures shall not exceed what is necessary to pursue the objective of ensuring the security of the system and shall not undermine the effective application of the exception . these measures shall not prevent or unreasonably restrict the ability to text and data mine or the ability to develop text and data mining tools different from those offered by the right holders as long as the security of the networks and databases are protected .


### different approaches in the member states for acts of preservation by cultural heritage institutions hamper cross - border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market , leading to an inefficient use of resources . ### different approaches in the member states for acts of preservation , including reproduction by cultural heritage institutions , research organizations and educational establishments , hamper cross - border cooperation and the sharing of means of preservation in the internal market , leading to an inefficient use of resources . the collections of cultural heritage institutions , research organizations and educational establishments , if not unique , are likely to be replicated and sit in other institutions , including those in other member states . cultural heritage institutions , research organizations , and educational establishments could also want to create cross border preservation networks , to use resources effectively .


### considering the variety of works and other subject - matter in the collections of cultural heritage institutions , it is important that the licensing mechanisms introduced by this directive are available and can be used in practice for different types of works and other subject - matter , including photographs , sound recordings and audiovisual works . in order to reflect the specificities of different categories of works and other subject - matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms , specific requirements and procedures may have to be established by member states for the practical application of those licensing mechanisms . it is appropriate that member states consult rightholders , users and collective management organisations when doing so . ### considering the variety of works and other subject - matter in the collections of cultural heritage institutions , it is important that the licensing mechanisms introduced by this directive are available and can be used in practice for different types of works and other subject - matter , including photographs , sound recordings and audiovisual works . in order to reflect the specificities of different categories of works and other subject - matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms , specific requirements and procedures may have to be established by member states for the practical application of those licensing mechanisms . it is appropriate that member states consult rightholders , cultural heritage institutions , users and collective management organisations when doing so .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions or educational establishments , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , to the extent necessary for such reproduction , for the purpose of , individually or collaboratively with others , carrying out their public interest mission in preservation , research , culture , education and teaching .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive for reproductions and extractions made by research organisations and cultural heritage institutions in order to carry out text and data mining of works or other subject - matter to which they have acquired or lawfully obtained access for the purposes of scientific research .


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


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing cultural heritage institutions , research organizations or educational establishments to disseminate their out of commerce collections , in accordance to their legal traditions , practices or circumstances . such mechanisms should allow rightholders to exclude their works and could include extended collective licensing and presumptions of representation , and limitations and exceptions where : a ) no collective management organizations exist b ) a collective management organization is unable to achieve sufficient representativity , or c ) a collective management organization is unable to offer adequate licenses to cultural heritage institutions for the types of works and other subject matter held in their collections .


### the aim of this regulation is to create incentives for the automotive industry to invest in new technologies . this regulation actively promotes eco - innovation and provides a mechanism that should be able to acknowledge future technological development . experience shows that eco - innovations have successfully contributed to the cost - effectiveness of regulations no 443 / 2009 and no 510 / 2011 and to the reduction of real world co2 emissions . this modality should therefore be maintained and the scope should be extended to incentivise efficiency improvements in air - conditioning systems . ### the aim of this regulation is to create incentives for the automotive industry to invest in new technologies . this regulation actively promotes eco - innovation and provides a mechanism that should be able to acknowledge future technological development . experience shows that eco - innovations have successfully contributed to the cost - effectiveness of regulations no 443 / 2009 and no 510 / 2011 and to the reduction of real world co2 emissions . this modality should therefore be maintained and the scope should be extended to incentivise efficiency improvements in air - conditioning systems and emission reductions in the material production , manufacturing and end of life stages of the vehicle lifecycle .


### this regulation establishes co2 emissions performance requirements for new passenger cars and for new light commercial vehicles in order to ensure the proper functioning of the internal market . ### this regulation establishes co2 emissions performance requirements for new passenger cars and for new light commercial vehicles in order to ensure the&#160 ; achievement&#160 ; of union&#180 ; s climate commitments and targets .


### the commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure ### the commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . this report will also bring forward proposals for a mechanism to take lifecycle emissions into account in the regulation , in order to ensure embedded emission do not erode the benefits related to the improved operational energy use of vehicles . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production . ### the&#160 ; communication from the commission to the european parliament , the council , &#160 ; the european economic and social committee and the committee of the regions&#160 ; entitled ' the future of food and farming ' of 29 november 2017 concludes that&#160 ; the common agricultural policy should continue to step up&#160 ; its response to future challenges and opportunities , by boosting employment , &#160 ; growth and investment , fighting and adapting to climate change , &#160 ; adapting them and transferring research and innovation from&#160 ; the laboratories to fields and markets . the cap should furthermore address&#160 ; citizens ' concerns regarding sustainable agriculture production .


### member states may retain 20 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 . ### member states may retain 25 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 .


### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where the member states fails to submit or to implement the action plan referred to in paragraph 1 without rationale or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .


### studies on the cap and evaluations of measures financed by the funds , including improvement of evaluation methods and exchange of information on practices under the cap , as well as studies carried out with the european investment bank ; ### studies on the cap and evaluations of measures financed by the funds , including improvement of evaluation methods and exchange of information on practices under the cap , including consultations with local , regional , national , and international stakeholders , academic experts , ngos , as well as studies carried out with the european investment bank ;


### in case of intentional non - compliance , the percentage shall be higher than the one applied in case of reoccurrence pursuant to paragraph 3 and may go as far as total exclusion from payments and may apply for one or more calendar years . ### in case of intentional non - compliance that is not minor , the percentage shall be at least 50% of the total amount of the payments referred to in paragraph 1 of this article and may go as far as total exclusion from payments and may apply for one or more calendar years . it shall be proportional to the negative impacts on the environment , public health , workers rights or animal welfare .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change , adapting them and transferring research and innovation from the laboratories to fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production . there must be a fairer distribution of aid between production , producers , regions and countries , benefiting small and medium - sized farmers , with a coupling of aid to production .


### the commission shall adopt implementing acts laying down rules on the tasks of the certification bodies , including the checks to be carried out and the bodies subject to those checks , and on the certificates and the reports , together with the documents accompanying them , to be drawn up by those bodies . ### once member states ' competent authorities have appointed a certification body , the commission shall publish a comprehensive list of all such bodies and the tasks expected of them as decided by the member states , not later than one year after the application date of this regulation and a second time not later than four years thereafter ;


### while member states should be allowed to set out the details on penalties , those penalties should be proportionate , effective and dissuasive and should be without prejudice to other penalties laid down under union or national law . to ensure an effective and coherent approach by member states , it is necessary to provide for a minimum penalty rate at union level for non - compliance occurring for the first time due to negligence , while reoccurrence should lead to a higher percentage and intentionality may result in the total exclusion from the payment . to ensure proportionality of the penalties , where the non - compliance is of a minor nature and occurs for the first time , member states should be allowed to introduce an early warning system . ### while member states should be allowed to set out the details on penalties , those penalties should be proportionate , effective and dissuasive and should be without prejudice to other penalties laid down under union or national law . to ensure an effective and coherent approach by member states , it is necessary to provide for a minimum penalty rate at union level for non - compliance occurring for the first time due to negligence , while reoccurrence should lead to a higher percentage and intentionality may result in the total exclusion from the payment . to ensure proportionality of the penalties , where the non - compliance is of a minor nature and occurs for the first time , member states should be allowed to introduce an early warning system and a right for beneficiaries to regularise their personal situation .


### the provision of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas and to promote the european model of agriculture , as well as to help citizens understand it . ### the provision of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas , and to raise awareness among interest groups and the public in general of the current challenges in agriculture and food as regards the agroecological transition to sustainable food systems , as well as to help citizens understand it .


### the commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring system referred to in point of article 64 . ### the commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring and control system referred to in point of article 64 .


### the provision of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas and to promote the european model of agriculture , as well as to help citizens understand it . ### information financed pursuant to point of article 7 shall aim in particular to help explain , implement and develop the cap and to raise public awareness of its content and its objectives , including climate change mitigation , environmental protection , animal welfare , maintaining social structures in rural areas , as well as its global dimension , while assuming responsibility for the cap’s impact , in particular , on developing countries and to inform citizens , following crises , through impartial and objective information campaigns , to inform farmers and other parties active in rural areas , and to promote a sustainable union model of agriculture , as well as to help citizens understand it .


### the expenditure referred to in article 5 and article 6 may be financed by the union only if : ### the expenditure referred to in article 5 and article 6 may be financed by the union only if it has been effected by accredited paying agencies and :