### they shall , prior to placing a product model on the market , enter into the product database established in accordance with article 8 the information detailed in annex i . ### they shall , within 15 days of placing a product model on the market , enter into the product database established in accordance with article 8 the information detailed in annex i , or submit this information in a standardised electronic or paper format to the commission .


### when during the conformity assessment of a product such harmonised standards are applied , the product shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act . ### when during the conformity assessment of a product such harmonised standards are applied , the product shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act . the compliance shall be inspected by a relevant market surveillance body .


### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business . ### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business and how this regulation has contributed to the achievement of the greenhouse gas emission reduction targets .


### freedom of establishment is one of the fundamental principles of union law . under the second paragraph of article 49 of the treaty on the functioning of the european union , when read in conjunction with article 54 of the tfeu , the freedom of establishment for companies or firms includes , inter alia , the right to form and manage such companies or firms under the conditions laid down by the legislation of the member state of establishment . this has been interpreted by the court of justice of the european union as encompassing the right of a company or firm formed in accordance with the legislation of a member state to convert itself into a company or firm governed by the law of another member state , provided that the conditions laid down by the legislation of that other member state are satisfied and , in particular , that the test adopted by the latter member state to determine the connection of a company or firm to its national legal order is satisfied . ### freedom of establishment is one of the fundamental principles of union law . under the second paragraph of article 49 of the treaty on the functioning of the european union , when read in conjunction with article 54 of the tfeu , the freedom of establishment for companies or firms includes , inter alia , the right to form and manage such companies or firms under the conditions laid down by the legislation of the member state of establishment . this has been interpreted by the court of justice of the european union extensively beyond the actual meaning of the wording as encompassing the right of a company or firm formed in accordance with the legislation of a member state to convert itself into a company or firm governed by the law of another member state , provided that the conditions laid down by the legislation of that other member state are satisfied and , in particular , that the test adopted by the latter member state to determine the connection of a company or firm to its national legal order is satisfied .


### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as employees , creditors and minority shareholders . ### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as creditors and minority shareholders and , in particular , employees .


### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . __________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses . ### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide , prior to the merge , their opinion , to be included in the report , on the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . __________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses .


### proceedings have been instituted for the winding - up , liquidation , or insolvency of that company or companies ; ### proceedings have been instituted for the winding - up , liquidation , insolvency of that company or genuine suspicion of social fraud or infringements of workers ' rights


### the management or administrative organ of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following : ### the management or administrative organ of the company , including employee board level representatives , which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following :


### any special advantages granted to members of the administrative , management , supervisory or controlling organ of the converted company ; ### any special advantages , salaries and bonuses , especially in relation to the conversion granted to members of the administrative , management , supervisory or controlling organ of the converted company ;


### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting . ### after taking note of the reports referred to in articles 86e , and 86g , where applicable , the general meeting and the employees ' plenary of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting and the employees ' plenary .


### point is replaced by the following : ### in article 122 , the introductory part is replaced by the following : : the management or administrative organ , including employee board level representatives , of each of the merging companies shall draw up the common draft terms of a cross - border merger . the common draft terms of a cross - border merger shall include at least the following information :


### the management or administrative organ of the company being divided shall draw up the draft terms of cross - border division . the draft terms of cross - border division shall include at least the following : ### the management or administrative organ , including employee board level representatives , of the company being divided shall draw up the draft terms of cross - border division not less than two months before the date of the general meeting referred to in article 160k . the draft terms of cross - border division shall include at least the following :


### the management or administrative organ of the company being divided shall draw up a report explaining and justifying the legal and economic aspects of the cross - border division . ### the management or administrative organ , including employee board level representatives , of the company being divided shall draw up a report explaining and justifying the legal and economic aspects of the cross - border division .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### the rise of the dual - earner household has led to work intensification and greater demands for work - life balance . as a result , work - life balance is a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely .


### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . ### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union , as well as of a decent standard of living for workers and their families .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child ;


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child ;


### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least four months of parental leave cannot be transferred . ### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least six months of parental leave cannot be transferred . the length of parental leave shall be doubled for single parents and for parents with disabled or seriously ill children .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable regulation , while fully respecting the fundamental and social rights of workers .


### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide in due time those grounds in writing .


### 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 applicants for international protection have a set of rights including labour market access in the member state having granted them protection or being 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 .


### 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 could 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


### 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 could 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 could 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 .


### “higher education qualifications” means any diploma , certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post - secondary higher education or equivalent tertiary education programme , namely a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the state in which it is situated , where the studies needed to acquire those qualifications lasted at least three years and correspond at least to isced 2011 level 6 or to eqf level 6 , according to national law ; ### “higher education qualifications” means any diploma , certificate or other supporting evidence of formal or equivalent qualifications issued by a competent authority or supporting institutions attesting the successful completion of a post - secondary higher education or equivalent tertiary education programme , possibly a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the state in which it is situated , or its equivalent as demonstrated through skills and / or knowledge - based assessments by supporting institutions where the studies needed to acquire those qualifications lasted at least three years and may correspond at least to isced 2011 level 6 or to eqf level 6 , according to national law ; for applicants and beneficiaries of international protection residing in the territory of the eu who do not have the documents necessary to prove their qualifications , member states will apply appropriate additional procedures to establish their level of education and skills ;


### “business activity” means a temporary activity related to the business interests of the employer , such as attending internal and external business meetings , attending conferences and seminars , negotiating business deals , undertaking sales or marketing activities , performing internal or client audits , exploring business opportunities , or attending and receiving training ; ### “business activity” means a temporary activity related to the business interests of the employer , such as but not limited to : attending internal and external business meetings , attending , organizing and speaking at conferences and seminars , trade exhibitions and other expositions , negotiating business deals , undertaking sales or marketing activities , performing internal or client audits , exploring business opportunities , the verification of the use and functioning of machinery purchased or sold in the framework of commercial contracts , giving , or attending and receiving training , testing / maintenance of software / hardware , gathering data , conducting research , business process analysis , conducting interviews in view of recruiting employees , attending and participating in job fairs ;


### “international protection” has the meaning as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council . ### “international protection” has the meaning as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council and , where applicable , as defined in national legislation


### present a valid travel document , as determined by national law , and , if required , an application for a visa or a valid visa or , where applicable , a valid residence permit or a valid long - stay visa ; ### present a valid travel document , as determined by national law , and , if required , an application for a visa or a valid visa or , where applicable , a valid residence permit or a valid long - stay visa ; applicants and beneficiaries of international protection can face difficulties in accessing travel documents . in such cases , member states should recognize other documents including , for example , past identity documentation , convention travel documents , laissez - passers , or icrc travel documents .


### where the third - country national no longer holds a valid travel document ; ### where the third - country national no longer holds a valid travel document , provided that prior to withdrawing the eu blue card , the member state had duly notified and set a reasonable deadline for the third - country national concerned to obtain and present a valid travel document ;


### 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 , his lawyer or by the employer . 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 .


### 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 irregularly 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 .


### member states shall provide for measures to prevent possible abuses . those measures may include monitoring , assessment at regular intervals and , where appropriate , inspection in accordance with national law or administrative practice . ### member states shall monitor and assess at regular intervals the functioning and effectiveness of the recognition procedures for employers under paragraph 1 and any form of arbitrariness and discrimination , as per council directive 2000 / 43 / ec , council directive 2000 / 78 / ec and council directive 2002 / 73 / ec . to that end , they shall , where appropriate , carry out inspections in accordance with national law or administrative practice and ensure that there are effective mechanisms through which all third - country nationals may lodge complaints against their employers , directly or through third parties designated by member states such as trade unions or other associations or a competent authority of the member state when provided for by national legislation .


### after twelve months of legal residence in the first member state as an eu blue card holder , the third - country national shall be entitled to enter a second member state for the purpose of highly skilled employment on the basis of the eu blue card and a valid travel document under the conditions set out in this article . ### eu blue card holders shall be entitled to enter , stay and work in one or several member states for the purpose of highly skilled employment on the basis of the eu blue card and a valid travel document under the conditions set out in this article .


### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family was already constituted in the first member state , the members of his or her family shall be authorised to accompany him or her and to enter and stay in the second member state based on the valid residence permits obtained as family members of an eu blue card holder in the first member state . ### this directive shall apply in the first member state and in other member states which allow the blue card holder to stay and work on their territory in accordance with article 20 of this directive , subject to the derogations laid down in this article .


### annually , and for the first time by …52 at the latest , member states shall , in accordance with regulation no 862 / 200753 , communicate to the commission statistics on the numbers of third - country nationals who have been granted an eu blue card and on those whose application have been rejected , specifying those rejected in application of article 6 , as well as on the numbers of third - country nationals whose eu blue card has been renewed or withdrawn , during the previous calendar year . those statistics shall be disaggregated by the citizenship , occupation , length of validity of the permits , sex and age of the applicants , and the economic sector . those statistics for third - country nationals who have been granted an eu blue card shall be further disaggregated into beneficiaries of international protection , beneficiaries of the right to free movement and those who have acquired eu long - term resident status in accordance with article 17 . _________________ 52 four years after the date of entry into force of this directive . 53 regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers . ### annually , and for the first time by …52 at the latest , member states shall , in accordance with regulation no 862 / 200753 , communicate to the commission statistics on the numbers of third - country nationals who have been granted an eu blue card and on those whose application have been rejected , specifying those rejected in application of article 6 , as well as on the numbers of third - country nationals whose eu blue card has been renewed or withdrawn , during the previous calendar year . those statistics for third - country nationals who have been granted an eu blue card shall be further disaggregated into applicants and beneficiaries of international protection whether according to eu law or national law , beneficiaries of the right to free movement , former students and researchers , former seasonal workers and those who have acquired eu long - term resident status in accordance with article 17 . _________________ 52 four years after the date of entry into force of this directive . 53 regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers .


### for the purpose of the implementation of paragraphs article 5 , and , reference shall be made to data sent to eurostat in accordance with regulation no 549 / 201354 . _________________ 54 regulation no 549 / 2013 of the european parliament and of the council of 21 may 2013 on the european system of national and regional accounts in the european union . ### for the purpose of the implementation of article 5 , reference shall be made to data sent to eurostat in accordance with regulation no 549 / 201354 . _________________ 54 regulation no 549 / 2013 of the european parliament and of the council of 21 may 2013 on the european system of national and regional accounts in the european union .


### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 5 , 12 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary . ### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 3 , 5 , 6 , 7 , 10 , 12 , 13 , 14 , 15 , 16 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary .


### 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 or entrusted parties .


### for the purposes of this article , as of 1 january 2020 meters and cost allocators installed shall be remotely readable devices . ### for the purposes of this article , as of 1 january 2020 [ or the transposition date if that date is later ] meters and heat cost allocators installed shall be remotely readable devices . the conditions regarding technical feasibility and cost effectiveness set out in the first and second subparagraphs of paragraph 2 shall continue to apply .


### meters and cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by 1 january 2027 , except where the member state in question shows that this is not cost - efficient . ### meters and heat cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by [ ten years after the transposition date of this directive ] , except where the member state in question shows that this is not cost - efficient .


### member states shall ensure that billing and consumption information is accurate and based on actual consumption , in accordance with points 1 and 2 of annex viia for all final users where meters or cost allocators are installed . ### member states shall ensure that billing and consumption information is accurate and based on actual consumption or heat cost allocator readings , in accordance with points 1 and 2 of annex viia for all final users where meters or heat cost allocators are installed .


### shall require that , if information on the energy billing and historical consumption of final users is available , it be made available , to an energy service provider designated by the final user ; ### shall require that , if information on the energy billing and historical consumption or heat cost allocator readings of final users is available , it be made available upon request by the final user , to an energy service provider designated by the final user ;


### shall ensure that appropriate information is provided with the bill based on actual consumption to all final users in accordance with point 3 of annex vii ; ### shall ensure that appropriate information is provided with the bill based on actual consumption or heat cost allocator readings to all final users in accordance with point 3 of annex viia ;


### the commission shall monitor the impact of implementing this directive on directives 2003 / 87 / ec , 2009 / 28 / ec and 2010 / 31 / eu and decision no 406 / 2009 / ec , and on industry sectors , in particular those that are exposed to a significant risk of carbon leakage as determined in decision 2010 / 2 / eu . ### in article 24 paragraph 4 is replaced by the following : “the commission shall monitor the impact of implementing this directive on directives 2003 / 87 / ec , 2009 / 28 / ec and 2010 / 31 / eu and regulation no … and each year , the commission shall submit a report to the european parliament and to the council . if , on the basis of the regular reports , the commission has evidence that the interaction of the policies leads to improper functioning of the carbon market , it shall submit a legislative proposal addressing measures to improve its functioning . ” and point of the proposal will be renumbered and become point and point respectively . )


### minimum requirements for billing and consumption information based on actual consumption of heating , cooling and hot water ### minimum requirements for billing and consumption information for heating , cooling and hot water


### billing based on actual consumption in order to enable final users to regulate their own energy consumption , billing shall take place on the basis of actual consumption at least once per year . ### billing based on actual consumption or heat cost allocator readings in order to enable final users to regulate their own energy consumption , billing shall take place on the basis of actual consumption or heat cost allocator readings at least once per year .


### as of [ please insert here … . the entry into force ] where remotely readable meters or cost allocators have been installed , billing or consumption information based on actual consumption shall be made available at least quarterly upon request or where final customers have opted to receive electronic billing , or else twice yearly . ### as of [ please insert here … . date of transposition ] where remotely readable meters or heat cost allocators have been installed , billing or consumption information based on actual consumption or heat cost allocator readings shall be made available at least quarterly upon request or where final customers have opted to receive electronic billing , or else twice yearly .


### as of 1 january 2022 , where remotely readable meters or cost allocators have been installed , billing or consumption information shall be made available at least monthly . heating and cooling may be exempted from this outside the heating / cooling seasons . ### as of 1 january 2022 , where remotely readable meters or heat cost allocators have been installed , billing or consumption information based on actual consumption or heat cost allocator readings shall be made available at least monthly . heating and cooling may be exempted from this outside the heating / cooling seasons .


### minimum information contained in the bill based on actual consumption ### minimum information contained in the bill based on actual consumption or heat cost allocator readings


### current actual prices and actual consumption of energy ; ### current actual prices and actual consumption or total heat cost and heat cost allocator readings ;


### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social , civic and professional development , thereby improving their employability . those activities would also support the mobility of young volunteers , trainees and workers . ### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social , civic and professional development , thereby improving their employability . those activities would also support the mobility of young volunteers , trainees and workers and should be in accordance with national labour mobility laws .


### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , and be implemented in safe and healthy conditions . ### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening local communities and social cohesion , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , and be implemented in safe and healthy conditions .


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . _________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a single entry point , free of discrimination based on gender or social class , for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union - level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , including schemes operating at regional or local level , and the european solidarity corps should be ensured , building on good practices where appropriate . _________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### in order to maximise the impact of the european solidarity corps , provisions should be made to allow other union programmes such as the asylum , migration and integration fund , the europe for citizens programme , the european regional development fund and the health programme to contribute to the objectives of the european solidarity corps by supporting activities within its scope . this contribution should be financed in accordance with the respective basic acts of the concerned programmes . once they have obtained a valid european solidarity corps quality label , the beneficiaries should be given access to the european solidarity corps portal and receive the quality and support measures provided according to the type of activity offered . ### in order to maximise the impact of the european solidarity corps , provisions should be made to allow other union programmes such as the asylum , migration and integration fund , the europe for citizens programme , the european regional development fund and the health programme to contribute to the objectives of the european solidarity corps by supporting activities within its scope . this contribution should be financed in accordance with the respective basic acts of the programmes concerned with a view to securing greater involvement of young people , civil society , and existing volunteering schemes in member states . once they have obtained a valid european solidarity corps quality label , the beneficiaries should be given access to the european solidarity corps portal and receive the quality and support measures provided according to the type of activity offered .


### appropriate outreach , publicity and dissemination of the opportunities and results of the actions supported by the european solidarity corps should be ensured at european , national and local level . the outreach , publicity and dissemination activities should rely on all the implementing bodies of the european solidarity corps , including , when relevant , with the support of other key stakeholders . ### appropriate outreach , publicity and dissemination of the opportunities and results of the actions supported by the european solidarity corps should be ensured at european , national and local level . the outreach , publicity and dissemination activities should rely on all the implementing bodies of the european solidarity corps , on commission websites , and on union programmes already associated with the european solidarity corps .


### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ; ### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , in particular migrants and asylum seekers , territorial cooperation and cohesion ;


### “disadvantaged young people” means individuals who need additional support because of disability , educational difficulties , economic obstacles , cultural differences , health problems , social obstacles , geographical obstacles ; ### “disadvantaged young people” means individuals who need additional support because of disability , educational difficulties , economic obstacles , cultural differences , health problems , social obstacles , geographical obstacles , or , for asylum seekers or environmental refugees , integration - related obstacles , with particular reference to gender - related needs ;


### solidarity placements , projects and networking activities ### solidarity placements , projects and networking activities concerning civil society


### the establishment , maintenance and updating of the european solidarity corps portal and other relevant online services as well as the necessary it support systems and web - based tools . ### the establishment , maintenance and updating of the european solidarity corps portal and other relevant online services , primarily to disseminate the aims of this regulation and publicise its accessibility , as well as the necessary it support systems and web - based tools .


### a participating country may make national funding available to beneficiaries to be managed in accordance with the rules of the european solidarity corps and , to this end , use the decentralised structures of the european solidarity corps , as long as it ensures the complementary pro rata funding of these structures . ### a participating country may make additional national funding available to beneficiaries to be managed in accordance with the rules of the european solidarity corps and , to this end , use the decentralised structures of the european solidarity corps , as long as it ensures the complementary pro rata funding of these structures .


### when implementing this regulation , the commission and the participating countries shall ensure that particular efforts are made to promote social inclusion , in particular for the participation of disadvantaged young people . ### when implementing this regulation , the commission and the participating countries shall ensure that particular efforts are made to promote social inclusion , in particular for the participation of disadvantaged and more vulnerable young people , to that end adopting a gender - sensitive approach .


### the european solidarity corps shall be open to the participation of public or private entities , or international organisations , provided that they have received a european solidarity corps quality label . ### the european solidarity corps shall be open to the participation of public or private entities , or international organisations , provided that they have received a european solidarity corps quality label in line with the objectives of this regulation .


### an application from an eligible entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps in order to ascertain that its activities adhere to the requirements of the european solidarity corps . ### an application from an eligible entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps in order to ascertain that its activities adhere to the requirements and objectives of the european solidarity corps .


### the european solidarity corps quality label shall not automatically lead to funding under the european solidarity corps . ### the european solidarity corps quality label shall not automatically lead to funding under the european solidarity corps , but shall be an essential prerequisite for such funding .


### the european solidarity corps quality label shall not automatically lead to funding under the european solidarity corps . ### the european solidarity corps quality label shall automatically lead to funding under the european solidarity corps .


### the commission , in cooperation with the participating countries , shall ensure the dissemination of information , publicity and follow - up with regard to all actions supported in the framework of the european solidarity corps . ### the commission , in cooperation with the participating countries , shall ensure the dissemination of information , publicity about registration and the accessibility of the procedures and follow - up with regard to all actions supported in the framework of the european solidarity corps .


### in order to implement this regulation , the commission shall adopt work programmes by way of implementing acts . each work programme shall ensure that the general and specific objectives set out in articles 3 and 4 are implemented in a consistent manner and shall outline the expected results , the method of implementation and its total amount . the work programmes shall also contain a description of the actions to be financed , an indication of the amount allocated to each action , an indication of the distribution of funds between the participating countries for the actions to be managed through the national agencies and an indicative implementation timetable . ### in order to implement this regulation , the commission shall adopt work programmes by way of delegated acts in accordance with article 25a . each work programme shall ensure that the general and specific objectives set out in articles 3 and 4 are implemented in a consistent manner and shall outline the expected results , the method of implementation and its total amount . the work programmes shall also contain a description of the actions to be financed , an indication of the amount allocated to each action , an indication of the distribution of funds between the participating countries for the actions to be managed through the national agencies and an indicative implementation timetable .


### marine litter is of a transboundary nature and is recognized as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 which calls to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36the union must play its part in tackling marine litter and aim to be a standard setter for the world . in this context , the union is working with partners in many international fora such as g20 , g7 and united nations to promote concerted action . this initiative is part of the union efforts in this regard . _________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### marine litter is of a transboundary nature and is recognised as a global problem . increasing amounts of waste are reaching the oceans around the world and affecting the health of ecosystems , killing animals . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 which aims to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36 the union must play its part in tackling , preventing the production of litter , and managing marine litter more effectively and aim to be a standard setter for the world . in this context , the union is working with partners in many international fora such as the g20 , g7 and united nations to promote concerted action . this initiative is part of the union efforts in this regard . _________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### 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 , leading to substantial damage of sewer networks and added costs for water treatment . 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 be empowered to replace sectoral voluntary labelling by the establishment of 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 .


### since the objectives of this directive , namely to prevent and to reduce the impact of certain single - use plastic products and fishing gear containing plastic on the environment , to promote the transition to a circular economy , including the fostering of innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market , cannot be sufficiently achieved by the member states but can rather , by reason of the scale and effects of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives , ### since the objectives of this directive , namely to prevent and to reduce the impact of certain single - use plastic products and fishing gear containing plastic on the environment and on human health , as well as to promote the transition to a circular economy , cannot be sufficiently achieved by the member states but can rather , by reason of the scale and effects of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives ,


### the commission shall request the european standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1 . ### the commission shall request the european standardisation organisations to develop harmonised standards for the requirement referred to in paragraph 1 .


### member states shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the union market , in accordance with the provisions on extended producer responsibility in directive 2008 / 98 / ec . ### member states shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the union market , in accordance with the provisions on extended producer responsibility in directive 2008 / 98 / ec with the addition of the following requirements : modulate financial contributions to promote the placing on the market of fishing gear designed for reuse and recycling ; establish sufficient deposit - refund schemes to encourage the return of fishing gear that is no longer in use ; include monitoring , tracking and reporting programmes ; and achieve a recycling target of at least 25% for fishing gear by 2025 and 75% by 2030 .


### the data referred to in point of the first subparagraph shall be updated annually within 12 months from the end of the reference year for which it is collected . where possible , spatial data services as defined in article 3 of directive 2007 / 2 / ec shall be used to present those data sets . ### the data referred to in point of the first subparagraph shall be made publically available by [ the end date for transposition of this directive ] and updated annually within 12 months from the end of the reference year for which it is collected . where possible , spatial data services as defined in article 3 of directive 2007 / 2 / ec shall be used to present those data sets .


### the commission may adopt implementing acts laying down the format for the data set , information and data referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall adopt implementing acts laying down the format for the data set , information and data referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 16 .


### 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 .


### 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 .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in respect of the application of article 14 of the directive 2000 / 31 / ec , it is necessary to verify whether the role played by the service provider is an active role . an active role includes , inter alia , optimization for the purpose of the presentation by the service of the uploaded works or subject - matter or their promotion by the service , irrespective of the nature of the means used therefor . the service providers that play such an active role are ineligible for the liability exemption of such article 14 .


### it is therefore appropriate to pursue the objectives of those regulations by setting new eu fleet - wide co2 reduction targets for passenger cars and light commercial vehicles for the period up to 2030 . in defining the reduction levels , account has been taken of their effectiveness in delivering a cost - effective contribution to reducing emissions of the sectors covered by the effort sharing regulation [ … / … ] by 2030 , of the resulting costs and savings for society , manufacturers and vehicle users , as well as of their direct and indirect implications for employment , competitiveness and innovation and the co - benefits generated in terms of reduced air pollution and energy security . ### it is therefore appropriate to pursue the objectives of those regulations by setting new eu fleet - wide co2 reduction targets for passenger cars and light commercial vehicles for the period up to 2030 . in defining the reduction levels , account has been taken of their effectiveness in delivering a cost - effective contribution to reducing emissions of the sectors covered by the effort sharing regulation [ … / … ] by 2030 , of the resulting costs and savings for society , manufacturers and vehicle users , as well as of their direct and indirect implications for employment , competitiveness and innovation and the co - benefits generated in terms of reduced air pollution and energy security . the use of renewable de - fossilised fuels from article 2 of red ii with advanced renewable fuels in accordance with sustainability criteria ) can offer significant co2 - reduction in well - to - wheel terms , in the new and in the existing fleet . to encourage technology development and increase the share of these fuels in the market , the use of renewable de - fossilised fuels should be accounted for in the specific emission target of manufactures in case of voluntary commitment of a manufacturer .


### the effectiveness of the targets set out in this regulation in reducing co2 emissions in reality is strongly dependent on the representativeness of the official test procedure . in accordance with the opinion of the scientific advice mechanism 23 and the recommendation of the european parliament , following its inquiry into emission measurements in the automotive sector24 , a mechanism should be put in place to assess the real world representativeness of vehicle co2 emissions and energy consumption values determined in accordance with regulation 2017 / 1151 . the commission should have the powers to ensure the public availability of such data , and , where necessary , develop the procedures needed for identifying and collecting the data required for performing such assessments . _________________ 23 high level group of scientific advisors , scientific opinion 1 / 2016 ' closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing ' 24 european parliament recommendation of 4 april 2017 to the council and the commission following the inquiry into emission measurements in the automotive sector ) ### the effectiveness of the targets set out in this regulation in reducing co2 emissions in reality is strongly dependent on the representativeness of the official test procedure . in accordance with the opinion of the scientific advice mechanism 23 and the recommendation of the european parliament , following its inquiry into emission measurements in the automotive sector24 , a mechanism should be put in place to assess the real world representativeness of vehicle co2 emissions and energy consumption values determined in accordance with regulation 2017 / 1151 . the most reliable way to ensure the real world representativeness of type - approval values is by introducing a real - world co2 emissions test , which the commission should be empowered to develop . that test should be developed by means of delegated acts and introduced at the latest two years after the date of application of this regulation . however , in the meantime , and until it becomes applicable , compliance should be ensured by using data from the fuel consumption meters to be reported by manufacturers coupled with a not - to - exceed limit of a maximum of 15 % above the type - approval values measured as of 2021 using the wltp test . _________________ 23 high level group of scientific advisors , scientific opinion 1 / 2016 ' closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing ' 24 european parliament recommendation of 4 april 2017 to the council and the commission following the inquiry into emission measurements in the automotive sector )


### the manufacturer shall ensure that its average specific emissions of co2 do not exceed the following specific emissions targets : ### for the purpose of determining compliance by a manufacturer with its specific emissions target referred to in this article , the average specific co2 - emission shall be reduced , if renewable de - fossilised fuels with reducing co2 effect have been introduced to the fuel market by the manufacturer in the year of registration of the new vehicles . the reducing co2 effect is to be documented according to the definition in the relevant version of the mechanism of the renewable energy directive . the manufacturer shall report the energy amount of different supplemented de - fossilised fuels , which have been entered the market , for the operational year to an authority nominated by the eu commission . the de - fossilised fuel is not allowed to count for co2 target in other regulations to avoid any kind of double - counting . the manufacturer shall ensure that its average specific emissions of co2 do not exceed the following specific emissions targets : 1a values to be reported : fueli = energy amount of the renewablede - fossilised fuel introduced to the market _________________ 1a values to be reported : fueli = energy amount of the renewablede - fossilized fuel introduced to the market


### 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 .


### 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 cap ' s compliance - driven delivery model should be adjusted to ensure a greater focus on results and performance . accordingly the union should set the basic policy objectives , types of intervention and basic union requirements while greater responsibility and accountability for meeting those objectives should be borne by the member states . as a consequence , there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs . accordingly , under the new delivery model , member states should be responsible for tailoring their cap interventions in line with basic union requirements in order to maximize their contribution to union cap objectives and to establish and design the compliance and control framework for beneficiaries . ### the union should set the basic policy objectives , types of intervention and basic union requirements while greater responsibility and accountability for meeting those objectives should be borne by the member states . as a consequence , there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs . accordingly , under the new delivery model , member states should be responsible for tailoring their cap interventions in line with basic union requirements in order to maximize their contribution to union cap objectives .


### 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 . this exclusion shall be immediate for beneficiaries who have been found guilty of crimes against the environment , animal welfare or workers ' rights . 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 . ### member states should be allowed to set out the details on penalties , which should be proportionate , effective and dissuasive taking into consideration the economic position of farmers and 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 maximum 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 introduce a yellow card system .


### the funds may , either on the initiative of the commission or on its behalf , each directly finance the preparatory , monitoring , administrative and technical support activities , and the evaluation , audit and inspection , required to implement the cap . in particular , they shall include : ### the funds may , either on the initiative of the commission or on its behalf , each directly finance the increased preparatory , monitoring , administrative and technical support activities , and the evaluation , audit and inspection , required to implement the cap . in particular , they shall include :


### those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 101 . ### those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 101 . the commission shall inform the member state of its intention , and shall allow time for the submission of comments , the submission period must be no later than 30 days , before it submits the draft implementing act


### a reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf . ### a reserve intended to provide additional support for the agricultural sector for the purpose of market management , stabilisation or in the case of crises , including extreme price volatility or weather events , affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf .


### in accordance with point of article 7 , the commission shall supply that satellite data free of charge to the authorities competent for the area monitoring system or to suppliers of services authorised by those bodies to represent them . ### in accordance with point of article 7 , the commission shall supply that satellite data free of charge to the authorities competent for the area monitoring system and control system or to suppliers of services authorised by those bodies to represent them .


### after receiving the last annual performance report on the implementation of a cap strategic plan , the commission shall pay the balance , subject to the availability of resources , on the basis of the financial plan in force at the level of the types of eafrd interventions , the annual accounts for the last execution year for the relevant cap strategic plan and of the corresponding clearance decisions . those accounts shall be presented to the commission no later than six months after the final eligibility date of expenditure provided for in article 80 of regulation no&#8230 ; / &#8230 ; [ cap strategic plan regulation ] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure . ### after receiving the last annual performance report on the implementation of a cap strategic plan , the commission shall pay the balance on the basis of the financial plan in force at the level of the types of eafrd interventions , the annual accounts for the last execution year for the relevant cap strategic plan and of the corresponding clearance decisions . those accounts shall be presented to the commission no later than six months after the final eligibility date of expenditure provided for in article 80 of regulation no&#8230 ; / &#8230 ; [ cap strategic plan regulation ] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure .


### where the commission establishes from declarations of expenditure or the information referred to in article 88 that the payment deadlines referred to in article 36 have not been complied with , the member state shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days . where the member state fails to submit its comments within the said period or where the commission considers the response to be unsatisfactory , the commission may reduce the monthly or interim payments to the member state concerned in the framework of the implementing acts concerning the monthly payments referred to in article 19 or in the framework of the interim payments referred to in article 30 . ### where the commission establishes from declarations of expenditure or the information referred to in article 88 that the payment deadlines referred to in article 36 have not been complied with , the member state shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days . where the member state fails to submit its comments within the said period or where the commission has concluded that the comments provided are manifestly insufficient , the commission may reduce the monthly or interim payments to the member state concerned in the framework of the implementing acts concerning the monthly payments referred to in article 19 or in the framework of the interim payments referred to in article 30 . the commission shall ensure that any reductions do not result in further delays or problems in the member state for final beneficiaries .


### the commission may adopt implementing acts laying down further rules on the elements of action plans and the procedure for setting up the action plans . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 101 . ### the commission , following consultation and an opportunity for the member state concerned to respond , may adopt implementing acts laying down further rules on the elements of action plans including in particular a definition of progress indicators and the procedure for setting up the action plans . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 101 .


### 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 dissemination 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 , as well as to reinstate consumer confidence following crises . it shall , by means of information campaigns , inform farmers and other operators in the rural economy , promote the european model of agriculture , raise awareness among stakeholders and the general public about current challenges in agriculture and food in the area of the agro - ecological transition towards sustainable food systems and help citizens understand it . consistent , objective and comprehensive information must be provided inside and outside the union , by devising a communication plan that will encompass information provided by the public and entail public participation .


### 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 help citizens to understand it , and to raise awareness on the environmental challenges , including animal welfare , and on the necessity for a transition to sustainable food and farming systems in the union .


### it shall supply coherent , objective and comprehensive information , both inside and outside the union . ### it shall supply coherent , objective and comprehensive information by means of a communication plan to inform and engage the public .


### member states shall make available to the commission information about irregularities within the meaning of regulation no 2988 / 95 and other cases of non - compliance with the conditions established by member states in the cap strategic plan , suspected fraud cases detected , and information about the steps taken pursuant to section 3 of this chapter to recover undue payments in connection with those irregularities and frauds . ### member states shall make available to the commission and to their own citizens information about irregularities within the meaning of regulation no 2988 / 95 and other cases of non - compliance with the conditions established by member states in the cap strategic plan , suspected fraud cases detected , and information about the steps taken pursuant to section 3 of this chapter to recover undue payments in connection with those irregularities and frauds . the commission shall compile this information and draw up multiannual reports on the subject , which shall also be made available to the public .


### the commission shall adopt implementing acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation , including the information exchange between the commission and the member states and the deadlines to be respected . ### the commission shall adopt delegated acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation , including the information exchange between the commission and the member states and the deadlines to be respected .


### where irregularities and other cases of non - compliance by beneficiaries with the conditions of the rural development interventions referred to in the cap strategic plan are detected , member states shall make financial adjustments by totally or partially cancelling the union financing concerned . member states shall take into consideration the nature and gravity of the non - compliance detected and the level of the financial loss to the eafrd . ### where irregularities and other cases of non - compliance by beneficiaries with the conditions of the rural development interventions referred to in the cap strategic plan are detected , member states shall make financial adjustments by partially or , in extreme cases , totally cancelling the union financing concerned . member states shall take into consideration the nature and gravity of the non - compliance detected , any external contributing factors , the economic situation of the beneficiary , whether the beneficiary benefited from the yellow card system in relation to the same offence in the past , and the level of the financial loss to the eafrd .


### the administrative penalties provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] shall be applied by means of reduction from or exclusion of the total amount of the payments listed in that section of that regulation granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the finding . ### the administrative penalties provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] shall be applied by means of reduction from or exclusion of the total amount of the payments listed in that section of that regulation granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the non - compliance .


### because of the local nature of mass catering operations , measures taken by member states and private schemes in this area are considered adequate to ensure the functioning of the single market . therefore , food prepared by mass caterers on their premises should not be subject to this regulation . equally , products of hunting and fishing of wild animals should not be covered by this regulation since the production process cannot be fully controlled . ### because of the local nature of mass catering operations , measures taken by member states and private schemes in this area are considered adequate to ensure the functioning of the single market . therefore food prepared by mass caterers on their premises should not be subject to this regulation and should therefore not be labelled or advertised with the organic production logo of the european union . products of hunting and fishing of wild animals should not be considered as organic products since the production process cannot be fully controlled .


### small farmers in the union face , individually , relatively high inspection costs and administrative burden linked to organic certification . a system of group certification should be allowed with a view to reducing the inspection and certification costs and the associated administrative burden , strengthening local networks , contributing to better market outlets and ensuring a level playing field with operators in third countries . for that reason , the concept of ‘ group of operators’ should be introduced and defined . ### small farmers in the union face , individually , relatively high inspection costs and administrative burden linked to organic certification . a system of group certification should be allowed with a view to reducing the inspection and certification costs and the associated administrative burden , strengthening local networks , contributing to better market outlets and ensuring a level playing field with operators in third countries . for that reason , the concept of ‘ group of operators’ should be introduced and defined . smallholdings with mixed production should be entered in a single register and certified as farms .