### the remedy shall have , as far as possible , the effect of placing suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , with a view to preserving the right to a fair trial and the right to defence . ### the remedy shall both consist of an appropriate damage compensation mechanism and have the effect of placing suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , with a view to preserving the right to a fair trial and the right to defence . member states shall ensure that , in order to uphold the right to a fair trial , a suspect or accused person whose rights under this directive have been violated shall benefit from remedies , which may comprise : the resumption of the case from the initial stage , where necessary , in accordance with the minimum rules and all the rights provided for in this directive : the right not to be presented as guilty by public authorities before the final irrevocable judgment , the fact that the burden of proof is on the prosecution and that any reasonable doubt as to guilt should benefit the accused , the right not to incriminate oneself , the right not to cooperate and the right to remain silent , and the right to be present at one ' s trial ; the resumption of the case from the stage when the rules and rights provided for in this directive were breached . in accordance with the ‘ step - by - step’ approach of intervention of union law , in the case of criminal proceedings pursued by the european public prosecutor ' s office , future initiatives in this field may also be considered at a later date , depending on the evolution of national legislation and case - law , which in some member states may be much more restrictive than the minimum rules laid down by this directive .


### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation . ### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . the provision of cross - border portability should be implemented in a way that also gives subscribers the possibility to access the local repertoire made available by the content service provider to its subscribers in the member state of temporary presence . these obligations are mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation .


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


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data oj l 281 , 23 . 11 . 1995 , p . 31–50 . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 2002 / 58 / ec28 and regulation 2016 / 67928a . __________________ 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' . 28a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ( oj l 119 , 4 . 5 . 2016 , p . 1 ' .


### the processing of personal data carried out within the framework of this regulation including , in particular , for purposes of verification under article 5 , shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec . ### the processing of personal data carried out within the framework of this regulation including , in particular , for purposes of verification under article 5 , shall be carried out in compliance with regulation 2016 / 679 and directive 2002 / 58 / ec . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose .


### the directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action . ### the directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . a harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action .


### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market . ### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2000 / 31 / ec of the european parliament and of the council27a , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 27a directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market .


### the exceptions and the limitation set out in this directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand , and of users on the other . they can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject - matter and do not unreasonably prejudice the legitimate interests of the rightholders . ### the exceptions and limitations set out in this directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand , and of users on the other . they have been designed to apply only to certain special cases which do not conflict with the normal exploitation of the works or other subject - matter and do not unreasonably prejudice the legitimate interests of the rightholders .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow the processing of large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that there is a need to clarify the legality of copies made for purposes of text and data mining in order to encourage innovation and discovery in all fields . without a mandatory exception applying throughoutthe union , all entities engaging in text and data mining , including research organisations such as universities and research institutes , are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . for text and data mining to occur one first needs to access information and then to reproduce that information . it is generally only after that information is normalised that its processing through text and data mining can occur . once there is lawful access to information , it is when that information is being normalised that a copyright protected use takes place since this leads to a reproduction by changing the format of the information itself or an extraction from a database into one that can be subjected to text and data mining . the copyright relevant processes in the use of text and data mining technology is consequently not the text and data mining process itself which consists of a reading and analysis of digitally stored normalised information , but the process of access and the process by which information is normalised to enable its automated computational analysis . the process of access to information be it works or other subject matter protected by copyright is already regulated in the copyright related acquis . in certain instances , text and data mining may involve works protected by copyright and / or by the sui generis database right . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of text and data mining technologies which are relevant far beyond the area of scientific research . moreover , where there is lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area and action lines envisaged in the european open science agenda will suffer unless steps are taken to address the legal uncertainty regarding text and data mining for all potential users . union law must acknowledge that text and data mining is increasingly used beyond formal research organisations and for purposes other than scientific research which nevertheless contribute to innovation , technology transfer and the public interest .


### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted would be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception . ### in view of a potentially high number of access requests to and downloads of works or other subject - matter , and in order to ensure reproducibility of research results , member states shall designate a facility to safely store datasets used for text and data mining .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . however those exceptions and limitations are not mandatory and some member states have followed a too narrow interpretation of illustration for teaching in their national implementations of the exceptions . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational activities benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders .


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


### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution , for example as a result of a transfer of ownership or licence agreements . ### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned , held on long - term loan or are permanently held by the cultural heritage institution or educational establishment , for example as a result of a transfer of ownership or licence agreements .


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


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


### ‘ cultural heritage institution’ means a publicly accessible library or museum , an archive or a film or audio heritage institution ; ### ' cultural heritage institution ' means publicly accessible libraries , educational establishments and museums , as well as archives , film or audio heritage institutions and public - service broadcasting organisations ;


### any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . ### any contractual provision or legal protection of technological measures contrary to the exception provided for in paragraph 1 shall be unenforceable .


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the use of works and other subject - matter for the sole purpose of illustration for teaching , provided that the use is accompanied by the indication of the source , including the author ' s name , unless this turns out to be impossible .


### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment is established . ### the use of works and other subject - matter for the sole purpose of illustration for teaching online undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state from where the educational activity originates .


### article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . ### the first and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . 1a . any contractual provision contrary to the exceptions and limitations provided for in this directive shall be unenforceable .


### the cultural heritage institution is established , when a member state or a third country could not be determined , after reasonable efforts , according to points and . ### the cultural heritage institution is established , when a member state or a third country could not be determined , after proven efforts , according to points and .


### works or other subject - matter covered by a licence granted in accordance with article 7 may be used by the cultural heritage institution in accordance with the terms of the licence in all member states . ### works or other subject - matter used in accordance with article 7 may be used by the cultural heritage institution in all member states .


### member states shall ensure that information that allows the identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence . ### member states shall ensure that information that allows the identification of the works or other subject - matter covered by article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence .


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


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy under real - life conditions and other resources by energy - related products during use under real - life conditions and supplementary information concerning energy - related products , including the durability of products and the extent to which they can be repaired or recycled , in order to allow customers to choose more sustainable and efficient products .


### the commission may , by means of delegated acts adopted pursuant to articles 12 and 13 , introduce labels or rescale existing labels . ### the commission may , by means of delegated acts adopted pursuant to articles 12 and 13 , introduce labels or rescale existing labels . the labels shall be designed in a way that both the absolute product performance and the relative performance are reflected in the calculation to define the energy class . in addition to the energy class , the energy consumption shall be displayed per cycle , per year , per lifetime or any period of time most relevant to the product category . consideration must be made for the addition to the label or product fiche of non - energy related dimensions . these shall include but are not limited to : - noise , - free warranty period offered to the end user and durability , - availability of spare parts , and repair information - chemical contents - ‘ smart’ aspects of the product . . the label shall include a qr code or any other digital pattern enabling to make best use of internet based technologies . the label shall be technology neutral , enabling a comparison between all appliances delivering similar services ; independent of energy carrier or technology employed . there shall be only one label for functionally equivalent products , and there shall be no exemptions of labelling duties . when comparing different energy carriers for the purpose of the energy label , primary energy should be referred to , based on the eu average of energy conversion efficiency , to assess the performances and the energy class of the products .


### labels introduced by delegated acts adopted in accordance with article 10 of directive 2010 / 30 / eu before the date of application of this regulation shall be considered as labels for the purposes of this regulation . the commission shall review those labels within five years of the entry into force of this regulation with a view to rescaling them . ### labels introduced by delegated acts adopted in accordance with article 10 of directive 2010 / 30 / eu before the date of application of this regulation shall be rescaled to a - g which shall apply no later than five years after the entry into force of the relevant delegated act or at the date of application of this regulation whichever comes last .


### the content and , where appropriate , the format and other details concerning the technical documentation and product information sheet ; ### the content and , where appropriate , the format and other details concerning the technical documentation and product information sheet , including the methodologies and formulas used to establish the information to be provided on the label and fiche , where relevant reflecting geographical variations and the eventual need for third party certification of the declared performances ;


### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information ; ### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information on the basis of the actual conditions of use ;


### whether for larger appliances a higher level of energy efficiency is required to reach a given energy class ; ### the modalities for requiring for larger appliances a higher level of energy efficiency is required to reach a given energy class ;


### whether for larger appliances a higher level of energy efficiency is required to reach a given energy class ; ### whether for larger appliances a higher level of energy efficiency is required to reach a given energy class , in order to reflect the products ' absolute energy consumption ;


### 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 extensively 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 . moreover , additional elements such as the existence of economic substance criteria are particularly important to take into account in order to avoid the misuse of this fundamental freedom for fraud purposes .


### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border . ### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders , as well as the fight against attacks on financial interests of the union via for example money laundering and tax evasion . similarly , the union committed to respect the eu charter of fundamental rights . the freedom of establishment shall in no way undermine other values and principles guaranteed by the tfeu such as the promotion of a high level of employment and the guarantee of adequate social protection , improved living and working conditions and dialogue between management and labour , the development of human resources with a view to lasting high employment and the combating of exclusion or countering fraud and any other illegal activities affecting the financial interests of the union . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border .


### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border . ### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , in the absence of a level playing field in the form of coherent social and fiscal rules , these developments went hand - in - hand with the proliferation of letterbox companies and abusive practices , constituting artificial arrangements and circumventing fiscal and social security obligations as well as undercutting workers’ rights . the objective of a single market without internal borders for companies must be reconciled with other objectives of european integration such as social protection for all , the protection of workers ' rights , the protection of creditors and the protection of shareholders , as well as the fight against attacks on financial interests of the eu via for example money laundering and tax evasion . in the absence of harmonised rules specifically regarding cross - border conversions , member states have developed a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border .


### 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 protection for stakeholders such as employees , creditors and minority shareholders . loopholes need to be closed and opportunities for abuses related to tax , social security and the rights of different stakeholders , need to be prevented . it is therefore key to reorient the direction taken by the court of justice and clarify that it should not be possible for a company to move its registered office without moving their head office in order to carry out a substantial part of its economic activity in the member state of destination .


### to allow all stakeholders ' legitimate interests to be taken into account in the procedure governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form , the instrument of constitution and the proposed timetable for the conversion . members , creditors and employees of the company carrying out the cross - border conversion should be notified in order that they can submit comments with regard to the proposed conversion . ### to allow all stakeholders ' legitimate interests to be taken into account in the procedures governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form and the rationale behind the conversion , the instrument of constitution and the proposed timetable for the conversion . members , creditors , trade unions and employees of the company carrying out the cross - border conversion should be notified so that they can submit comments with regard to the proposed conversion .


### with a view to avoiding disproportionate costs and burdens for smaller companies carrying out the cross - border conversion , micro and small enterprises , as defined in the commission recommendation 2003 / 361 / ec45 , should be exempted from the requirement to produce an independent expert report . however , these companies can resort to an independent expert report to prevent litigation costs with creditors . _________________ 45 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### with a view to avoiding disproportionate costs and burdens for smaller companies carrying out the cross - border conversion , micro and small enterprises , as defined in the commission recommendation 2003 / 361 / ec45 , should be exempted from the requirement to obtain an assessment by the competent authority . however , these companies can resort to such assessment to prevent litigation costs with creditors . _________________ 45 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### with a view to avoiding disproportionate costs and burdens for smaller companies carrying out the cross - border conversion , micro and small enterprises , as defined in the commission recommendation 2003 / 361 / ec45 , should be exempted from the requirement to produce an independent expert report . however , these companies can resort to an independent expert report to prevent litigation costs with creditors . _________________ 45 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### with a view to avoiding disproportionate costs and burdens for smaller companies carrying out the cross - border conversion , member states can set lower procedural and independent expert fees for micro and small enterprises , as defined in the commission recommendation 2003 / 361 / ec45 . _________________ 45 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### in order to guarantee the appropriate protection of creditors in cases where they are not satisfied with the protection offered by the company in the draft terms of the cross - border conversion , creditors may apply to the competent judicial or administrative authority of the departure member state for the adequate the safeguards . in order to facilitate the assessment of prejudice , certain presumptions should be laid down whereby creditors would be deemed not to be prejudiced by a cross - border conversion , where the risk of loss to a creditor is remote . a presumption should arise where an independent expert report concludes that there is no reasonable likelihood that the creditors would be prejudiced or where creditors are offered a right to payment against the converted company or against a third party guarantee of equivalent value to the creditor ' s original claim and which can be brought in the same jurisdiction as the original claim . the creditor protection provided for in this directive should be without prejudice to national laws of the member state of departure concerning payment to public bodies , including taxation or social security contributions . ### in order to guarantee the appropriate protection of creditors in cases where they are not satisfied with the protection offered by the company in the draft terms of the cross - border conversion , creditors may apply to the competent judicial or administrative authority of the departure member state for the adequate the safeguards . in order to facilitate the assessment of prejudice , certain presumptions should be laid down whereby creditors would be deemed not to be prejudiced by a cross - border conversion , where the risk of loss to a creditor is remote . a presumption should arise where creditors are offered a right to payment against the converted company or against a third party guarantee of equivalent value to the creditor ' s original claim and which can be brought in the same jurisdiction as the original claim . the creditor protection provided for in this directive should be without prejudice to national laws of the member state of departure concerning payment to public bodies , including taxation or social security contributions .


### to ensure a proper allocation of tasks among member states and an efficient and effective ex - ante control of cross - border conversions , both the departure and the destination member states should designate the appropriate competent authorities . in particular , the competent authorities of the departure member states should have the power to issue a pre - conversion certificate without which the competent authorities in the destination member state should not be able to complete the cross - border conversion procedure . ### to ensure a proper allocation of tasks among member states and an efficient and effective ex - ante and ex - post control of cross - border conversions , both the departure and the destination member states should designate the appropriate competent authorities . in particular , the competent authorities of the departure member states should have the power to issue a pre - conversion certificate without which the competent authorities in the destination member state should not be able to complete the cross - border conversion procedure . a list of national competent authorities in the member states shall be prepared and publish by the commission . member states’ competent authorities are expected to collaborate together in cases of cross - border conversions .


### after having received a pre - conversion certificate , and after verifying that the incorporation requirements in the destination member state are fulfilled , the competent authorities of the destination member state should register the company in the business register of that member state . only after this registration should the competent authority of the departure member state strike the company off its own register . it should not be possible for the competent authority of the destination member state to challenge the accuracy of the information provided by the pre - conversion certificate . as a consequence of the cross - border conversion , the converted company should retain its legal personality , its assets and liabilities and all rights and obligations , including rights and obligations arising from contracts , acts or omissions . ### after having received a pre - conversion certificate , and after verifying that the incorporation requirements in the destination member state are fulfilled , the competent authorities of the destination member state should register the company in the business register of that member state . the destination member states should also verify the ultimate beneficial owner of the converted company , based on information received . only after this registration should the competent authority of the departure member state strike the company off its own register . it should be possible for the competent authority of the destination member state to contact and submit questions to the competent authority in the member state of departure as to the accuracy of the information provided by the pre - conversion certificate , in particular to avoid an artificial arrangement . the competent authority of the member state of departure shall reply to such questions without undue delay . as a consequence of the cross - border conversion , the converted company should retain its legal personality , its assets and liabilities and all rights and obligations , including rights and obligations arising from contracts , acts or omissions .


### after having received a pre - conversion certificate , and after verifying that the incorporation requirements in the destination member state are fulfilled , the competent authorities of the destination member state should register the company in the business register of that member state . only after this registration should the competent authority of the departure member state strike the company off its own register . it should not be possible for the competent authority of the destination member state to challenge the accuracy of the information provided by the pre - conversion certificate . as a consequence of the cross - border conversion , the converted company should retain its legal personality , its assets and liabilities and all rights and obligations , including rights and obligations arising from contracts , acts or omissions . ### after having received a pre - conversion certificate and the full report of the independent experts , and after verifying that the incorporation requirements in the destination member state are fulfilled , the competent authorities of the destination member state should register the company in the business register of that member state . only after this registration should the competent authority of the departure member state strike the company off its own register . it should be possible for the competent authority of the destination member state to challenge the accuracy of the information provided by the pre - conversion certificate within a month after receiving the certificate , based on information that was not included in the report . the destination member state should communicate this information to the departure member state , after which it can decide to withdraw the certificate or to maintain it . if the departure member state decides to maintain the certificate , the destination member state should respect that decision . this is without prejudice to the possibility to take actions against the company when new elements have emerged that indicate the existence of an artificial arrangement , after the conclusion of the conversion . as a consequence of the cross - border conversion , the converted company should retain its legal personality , its assets and liabilities and all rights and obligations , including rights and obligations arising from contracts , acts or omissions .


### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ . ### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare a separate report detailing the legal and economic aspects as well as the rationale for the cross - border merger for both members and for employees .


### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ . ### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to align the rules for cross - border mergers with those on cross - border conversions and divisions , and to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for members , creditors and 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 shall 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 .


### the lack of harmonisation of safeguards for members or creditors has been identified an obstacle for cross - border mergers by different stakeholders . members and creditors should be offered the same level of protection regardless of the member states in which the merging companies are situated . this is without prejudice to the member states’ rules on protecting creditors or shareholders which are outside the scope of the harmonised measures , such as transparency requirements . ### the lack of harmonisation of safeguards for members , employees or creditors has been identified as an obstacle for cross - border mergers by different stakeholders . members , employees and creditors should be offered the same level of protection regardless of the member states in which the merging companies are situated . this is without prejudice to the member states’ rules on protecting creditors , employees or shareholders which are outside the scope of the harmonised measures , such as transparency requirements .


### in order to guarantee the appropriate protection of creditors in cases where they are not satisfied with the protection offered by the company in the common draft terms of the cross - border merger , creditors who are prejudiced by the cross - border merger may apply to the competent administrative or judicial authority of each member state of the merging companies for the safeguards they consider adequate . in order to facilitate the assessment of prejudice , certain presumptions should be laid down whereby creditors would be deemed not to be prejudiced by a cross - border merger , where the risk of loss to a creditor is remote . a presumption should arise where an independent expert concludes that there is no reasonable likelihood that the creditors would be prejudiced or where creditors are offered a right to payment against the merged company or against a third party guarantee of equivalent value to the creditor ' s original claim and which can be brought in the same jurisdiction as the original claim . ### in order to guarantee the appropriate protection of creditors in cases where they are not satisfied with the protection offered by the company in the common draft terms of the cross - border merger , creditors who are prejudiced by the cross - border merger may apply to the competent administrative or judicial authority of each member state of the merging companies for the safeguards they consider adequate . in order to facilitate the assessment of prejudice , certain presumptions should be laid down whereby creditors would be deemed not to be prejudiced by a cross - border merger , where the risk of loss to a creditor is remote . a presumption should arise where creditors are offered a right to payment against the merged company or against a third party guarantee of equivalent value to the creditor ' s original claim and which can be brought in the same jurisdiction as the original claim .


### in addition to the official languages of the departure and destination member states , member states shall allow the company carrying out the cross - border conversion to use a language customary in the sphere of international business and finance in order to draw up the draft terms of a cross - border conversion and all other related documents . member states shall specify which language will prevail in the case of discrepancies identified between the different linguistic versions of those documents . ### in addition to the official languages of the departure and destination member states , member states shall allow the company carrying out the cross - border conversion to use a language customary in the sphere of international business and finance in order to draw up the draft terms of a cross - border conversion and all other related documents . member states shall specify which language will prevail in the case of discrepancies identified between the different linguistic versions of those documents . members , employees or creditors shall have the possibility to comment on these draft terms . the comments shall be included in the final report and be made public .


### the expert shall draw up a written report providing at least : ### the expert shall draw up a written report within two months after his or her appointment , providing at least :


### the expert shall draw up a written report providing at least : ### the two experts shall draw up a written report within two months after their appointment , providing at least :


### member states shall exempt micro and small enterprises as defined in commission recommendation 2003 / 361 / ec from the provisions of this article . ### member states may apply lower independent expert fees for micro and small enterprises as defined in commission recommendation 2003 / 361 / ec .


### member states shall exempt ' micro ' and ' small enterprises ' as defined in commission recommendation 2003 / 361 / ec from the provisions of this article . ### member states may apply lower independent expert fees for ' micro ' and ' small enterprises ' as defined in commission recommendation 2003 / 361 / ec .


### in the cases referred to in paragraph 2 , the participation of employees in the companies resulting from the cross - border division and their involvement in the definition of such rights shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 , and of regulation no 2157 / 2001 and the following provisions of directive 2001 / 86 / ec : ### the information , consultation and participation of employees in the companies resulting from the cross - border division and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 and of regulation no 2157 / 2001and the following provisions of directive 2001 / 86 / ec :


### in the cases referred to in paragraph 2 of this article , the participation of employees in the converted company and their involvement in the definition of such rights shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 , and of regulation no 2157 / 2001 and the following provisions of directive 2001 / 86 / ec : ### the information , consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 and of regulation no 2157 / 2001and the following provisions of directive 2001 / 86 / ec :


### article 4 , article 4 , and , article 4 and article 4 ; ### article 4 , article 4 , , , and , article 4 and article 4 ;


### the first subparagraph of article 7 ; ### article 7 ;


### where the company resulting from the cross - border division is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic merger , division or conversion for a period of three years after the cross - border division has taken effect , by applying , mutatis mutandis , the rules laid down in paragraphs 1 to 6 . ### where the company resulting from the cross - border division is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic merger , division or conversion for a period of ten years after the cross - border division has taken effect , by applying , mutatis mutandis , the rules laid down in paragraphs 1 to 6 .


### member states shall designate the national authority competent to scrutinise the legality of the cross - border divisions as regards the part of the procedure which is governed by the law of the member state of the company being divided , and to issue a pre - division certificate attesting compliance with all relevant conditions , and the proper completion of all procedures and formalities in that member state . ### member states shall designate the national authority competent to scrutinise the legality of the cross - border divisions as regards the part of the procedure which is governed by the law of the member state of the company being divided , and to issue a pre - division certificate attesting compliance with all relevant conditions , and the proper completion of all procedures and formalities in that member state . the competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that member state working in the policy fields covered by this directive .


### member states shall designate the authority competent to scrutinise the legality of the cross - border conversion as regards that part of the procedure which is governed by the law of the departure member state and to issue a pre - conversion certificate attesting compliance with all the relevant conditions and the proper completion of all procedures and formalities in the departure member state . ### member states shall designate the authority competent to scrutinise the legality of the cross - border conversion as regards that part of the procedure which is governed by the law of the departure member state and to issue a pre - conversion certificate attesting compliance with all the relevant conditions and the proper completion of all procedures and formalities in the departure member state . the competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that member state working in the policy fields covered by this directive .


### member states shall ensure that the assessment by the competent authority is carried out within one month of the date of receipt of the information concerning the approval of the conversion by the general meeting of the company . it shall have one of the following outcomes : ### member states shall ensure that the assessment by the competent authority is carried out within one month of the date of receipt of the report by the independent expert . it shall have one of the following outcomes :


### member states shall designate an authority competent to scrutinise the legality of the cross - border conversion as regards that part of the procedure which is governed by the law of the destination member state and to approve the cross - border conversion where the conversion complies with all the relevant conditions and the proper completion of all procedures and formalities in the destination member state . ### member states shall designate an authority competent to scrutinise the legality of the cross - border conversion as regards that part of the procedure which is governed by the law of the destination member state and to approve the cross - border conversion where the conversion complies with all the relevant conditions and the proper completion of all procedures and formalities in the destination member state . the competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that member state working in the policy fields covered by this directive .


### in respect of compliance with the rules concerning employee participation as laid down in article 160n , the member state of the company being divided shall verify that the draft terms of cross - border division referred to in article 160e include information on the procedures by which the relevant arrangements are determined and on the possible options for such arrangements . ### in respect of compliance with the rules concerning employee participation as laid down in article 160n , the member state of the company being divided shall verify that the draft terms and reports of cross - border division referred to in article 160e include information on the procedures by which the relevant arrangements are determined and on the possible options for such arrangements .


### member states shall designate an authority competent to scrutinise the legality of the cross - border divisions as regards that part of the procedure which concerns the completion of the cross - border division governed by the law of the member states of the recipient companies and to approve the cross - border division where it complies with all the relevant conditions and all the procedures and formalities in that member state have been properly completed . ### member states shall designate an authority competent to scrutinise the legality of the cross - border divisions as regards that part of the procedure which concerns the completion of the cross - border division governed by the law of the member states of the recipient companies and to approve the cross - border division where it complies with all the relevant conditions and all the procedures and formalities in that member state have been properly completed . the competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that member state working in the policy fields covered by this directive .


### workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground . ### workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground . exercising one ' s right to leave or flexible working arrangements should not have adverse effects on the level of employment or other working conditions .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### the worker shall have the right to request to return to the original working pattern at the same level of employment . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers .


### the commission ' s communication of 3 march 2010 entitled ' europe 2020 : a strategy for smart , sustainable and inclusive growth ' 30 sets the objective of the union becoming an economy based on knowledge and innovation , reducing the administrative burden on companies and better matching labour supply with demand . measures to facilitate the admission of third - country national highly skilled workers have to be seen in that broader context . _________________ 30 com 2020 final ### the commission ' s communication of 3 march 2010 entitled ' europe 2020 : a strategy for smart , sustainable and inclusive growth ' 30 sets the objective of the union becoming an economy based on knowledge and innovation , reducing the administrative burden on companies and better matching labour supply with demand and identifies the need for a comprehensive labour migration policy , and for better integration of migrants . measures to facilitate the admission of third - country national highly skilled workers have to be seen in that broader context . _________________ 30 com 2020 final


### 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 as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 and applicants for international protection have a wide set of rights including labour market access in the member state having granted them protection or responsible for determining 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 of applicants for international protection and eu blue card holder in parallel . the rights of refugees and asylum applicants who are also holders of an eu blue card should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35and more favourable provisions covered by the eu blue card in terms of equal treatment , family reunification and mobility should equally apply . _________________ 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 .


### in implementing this directive , member states should refrain from pursuing active recruitment in developing countries in sectors suffering from a lack of personnel . ethical recruitment policies and principles applicable to public and private sector employers should be developed in key sectors , for example the health sector . this is consistent with eu’s commitment to the 2010 who global code on the international recruitment of health personnel39 in addition to the council and member states’ conclusions of 14 may 2007 on the european programme for action to tackle the critical shortage of health workers in developing countries and the education sector , as appropriate . these principles and policies should be strengthened by the development and application of mechanisms , guidelines and other tools to facilitate , as appropriate , circular and temporary migration , as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries in order to turn “brain drain” into “brain gain” . _________________ 39 the who global code of practice on the international recruitment of health personnel , adopted on 21 may 2010 by the sixty - third world health assembly in resolution wha63 . 16 . ### in implementing this directive , member states should refrain from pursuing active recruitment in developing countries in sectors suffering from a lack of personnel in key sectors essential for sustainable development . ethical recruitment policies and principles applicable to public and private sector employers should be developed in key sectors , for example the health sector . this is consistent with eu’s commitment to the 2010 who global code on the international recruitment of health personnel39 in addition to the council and member states’ conclusions of 14 may 2007 on the european programme for action to tackle the critical shortage of health workers in developing countries and the education sector , as appropriate . these principles and policies should be strengthened by the development and application of mechanisms , guidelines and other tools to facilitate , as appropriate , circular and temporary migration , as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries in order to turn “brain drain” into “brain gain” . _________________ 39 the who global code of practice on the international recruitment of health personnel , adopted on 21 may 2010 by the sixty - third world health assembly in resolution wha63 . 16 .


### in order to promote innovative entrepreneurship , third - country nationals admitted under this directive should be given the right to exercise in parallel a self - employed activity without it affecting the right of residence as an eu blue card holder . this right should be without prejudice to the continuous obligation to meet the conditions for admission under this directive , and the eu blue card holder should therefore remain in highly skilled employed activity . ### in order to promote innovative entrepreneurship , third - country nationals admitted under this directive should be given the right to exercise in parallel a self - employed activity under the same conditions as nationals and other union citizens in the member state which issued the blue card , without it affecting the right of residence as an eu blue card holder . this right should be without prejudice to the continuous obligation to meet the conditions for admission under this directive , and the eu blue card holder should therefore remain in highly skilled employed activity . any self - employed activity by eu blue card holders should be subsidiary to their employment under the eu blue card .


### 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 and their family members 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 .


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


### “eu blue card” means the residence permit bearing the term “eu blue card” entitling its holder to reside and work in the territory of a member state under the terms of this directive ; ### “eu blue card” means the residence permit bearing the term “eu blue card” entitling its holder and his or her family members to reside and work in the territory of a member state under the terms of this directive ;


### “professional experience” means the actual and lawful pursuit of the profession concerned ; ### “professional experience” means the actual and proved pursuit of the profession concerned ;


### 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 or a confirmation that an application for international protection or for protection under national law is pending or when a deportation cannot be enforced ;


### member states shall facilitate the validation and recognition of documents attesting the relevant higher professional qualifications pursuant to point of paragraph 1 . ### member states shall facilitate the timely validation and recognition of documents attesting the relevant higher professional qualifications pursuant to point of paragraph 1 .


### member states shall reject an application for an eu blue card in any of the following cases : ### member states may reject an application for an eu blue card only in the following cases :


### the competent authorities of the member states shall adopt a decision on the application for an eu blue card and notify the applicant in writing , in accordance with the notification procedures laid down in the national law of the member state concerned . the notification shall be made at the latest within 60 days of the date of submission of the application . ### the competent authorities of the member states shall adopt a decision on the application for an eu blue card and notify the applicant in writing , in accordance with the notification procedures laid down in the national law of the member state concerned . the notification shall be made at the latest within 30 days of the date of submission of the application and within 30 days of the date of submission of an application for renewal .


### where the employer has been recognised in accordance with article 12 , the notification shall be made at the latest within 30 days of the date of submission of the application . ### where the employer has been recognised in accordance with article 12 , the notification shall be made at the latest within 30 days of the date of submission of the application and within 2 weeks of the date of submission of an application for renewal .


### where the information or documents supplied in support of the application are inadequate or incomplete , the competent authorities shall notify the applicant of the additional information that is required and set a reasonable deadline for providing it . the period referred to in paragraph 1 shall be suspended until the authorities have received the additional information or documents required . if the additional information or documents have not been provided within the deadline , the application may be rejected . ### prior to rejecting an application for an eu blue card or withdrawing or not renewing the eu blue card , where the information or documents supplied in support of the application or the renewal application are inadequate or incomplete , the competent authorities shall duly notify the applicant of the additional information that is required and set a reasonable deadline for providing such additional information . the period referred to in paragraph 1 shall be suspended until the authorities have received the additional information or documents required . if the additional information or documents have not been provided within the deadline , the application may be rejected or the eu blue card may not be renewed , unless the applicant proves that the documents have not been provided within the deadline for a reason independent of the applicant’s will . in this case , a new deadline shall be set by the authorities for the applicant to provide the relevant information or documents .


### any decision rejecting an application for an eu blue card , or a decision not to renew or to withdraw an eu blue card shall be notified in writing to the third - country national concerned and , where relevant , to his employer in accordance with the notification procedures set out in the relevant national law . the notification shall specify the reasons for the decision and the competent authority with which an appeal may be submitted as well as the time limit for submitting the appeal . member states shall provide an effective judicial remedy , in accordance with national law . ### any decision rejecting an application for an eu blue card , or a decision not to renew or to withdraw an eu blue card shall be duly notified in writing and in a language that the applicant understands or is reasonably meant to understand , to the third - country national concerned and , where relevant , to his employer in accordance with the notification procedures set out in the relevant national law . the notification shall specify the reasons for the decision and the competent authority with which an appeal may be submitted as well as the time limit for submitting the appeal . member states shall provide an effective judicial remedy , in accordance with national law . previous grounds for refusal shall not affect the possibility for the applicant to submit a new application for an eu blue card or an application for renewal in case of faults on the side of the employer pursuant to article 6 . 3 or where lawful mistakes in the application have been rectified .


### where the validity of the eu blue card permit expires during the procedure for renewal , member states shall allow the third - country national to stay on their territory until the competent authorities have taken a decision on the application . ### where the validity of the eu blue card permit expires during the procedure for renewal , member states shall allow the third - country national to stay on their territory under the same conditions laid down in this directive until the competent authorities have taken a decision on the application , without prejudice to the right of the eu blue card holder to pursue his or her employment during this period .