### in order to be able to evaluate the effectiveness of directive 2012 / 27 / eu , a requirement for a general review of the directive and a report to the european parliament and the council by 28 february 2024 should be introduced . ### energy and climate law is complementary and should be mutually reinforcing . thus , as part of the obligations under the paris agreement , within six months of the unfccc global stocktake in 2023 the commission should undertake a general review of directive 2012 / 27 / eu and introduce a report to the european parliament and the council assessing the general effectiveness of directive 2012 / 27 / eu and the need to adjust the union ' s energy efficiency policy according to the objectives of the paris agreement . such a review and report should be undertaken in subsequent global stocktakes thereafter .


### in annex iv , footnote 3 is replaced by the following : ' applicable when energy savings are calculated in primary energy terms using a bottom - up approach based on final energy consumption . for savings in kwh electricity member states may apply a default coefficient of 2 , 0 . member states may apply a different coefficient provided they can justify it . ### in annex iv , footnote 3 is replaced by the following : ' applicable when energy savings are calculated in primary energy terms using a bottom - up approach based on final energy consumption . for savings in kwh electricity member states shall apply a coefficient established through a transparent method comparable across member states , which is reflecting their national energy mix .


### the commission shall evaluate this directive by 28 february 2024 at the latest , and every five years thereafter , and shall submit a report to the european parliament and the council . that report shall be accompanied , if appropriate , by proposals for further measures . ### the commission shall undertake a general review of this directive within six months of the unfccc global stocktake in 2023 at the latest , and after subsequent global stocktakes thereafter , and shall submit a report to the european parliament and the council assessing the general effectiveness of this directive and the need to adjust the union ' s energy efficiency policy in accordance with the objectives of the paris agreement . that report shall be accompanied , if appropriate , by proposals for further measures .


### subject to paragraph 3 , each member state may : ### subject to paragraph 3 and only for the purposes of paragraph 1 point , each member state may :


### the european council of october 2014 set a 27 % energy efficiency target for 2030 , to be reviewed by 2020 ' having in mind an union level of 30 % ' . in december 2015 , the european parliament called upon the commission to also assess the viability of a 40 % energy efficiency target for the same timeframe . it is therefore appropriate to review and consequently amend the directive to adapt it to the 2030 perspective . ### the european council of october 2014 set a 27 % energy efficiency target for 2030 , to be reviewed by 2020 ' having in mind an union level of 30 % ' . in december 2015 , the european parliament asked the commission to set a binding energy efficiency target of 40 % for 2030 which will reflect the level of cost - effective energy efficiency potential . it is therefore appropriate to review and consequently amend the directive to adapt it to the 2030 perspective


### member states shall achieve cumulative end - use energy savings at least equivalent to : ### with a view to ensuring a stable and predictable contribution toward achieving the long term objectives under the paris agreement , member states shall achieve cumulative end - use energy savings at least equivalent to :


### energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy . the reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the union’s energy dependency and greenhouse gas emissions , especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the conference of the parties of the united nation framework convention on climate change held in paris in december 2015 . member states should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements . for this purpose member states should be allowed to use calculation methodologies established under directive 2010 / 31 / eu . ### energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy . the reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the union’s energy dependency and greenhouse gas emissions , especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the conference of the parties of the united nation framework convention on climate change held in paris in december 2015 . member states should therefore adopt ambitious , long - term renovation strategies in accordance with article 2a of directive 2010 / 31 / eu as in force , with the goal to arrive at a highly energy efficient , nzeb stock by 2050 with the remaining energy needs to be met by renewable energy .


### moderation of energy demand is one of the five dimensions of the energy union strategy adopted on 25 february 2015 . improving energy efficiency will benefit the environment , reduce greenhouse gas emissions , improve energy security by reducing dependence on energy imports from outside the union , cut energy costs for households and companies , help alleviate energy poverty and lead to increased jobs and economy - wide economic activity . this is in line with the union commitments made in the framework of the energy union and global climate agenda established by the paris agreement of december 2015 by the parties of the united nation framework convention on climate change . ### moderation of energy demand is one of the five dimensions of the energy union strategy adopted on 25 february 2015 . improving energy efficiency will benefit the environment , improve air quality through less solid heating fuel demand in energy efficient buildings , reduce greenhouse gas emissions , improve energy security by reducing dependence on energy imports from outside the union , cut energy costs for households and companies , help alleviate energy poverty and lead to increased jobs and economy - wide economic activity . this is in line with the union commitments made in the framework of the energy union and global climate agenda established by the paris agreement of december 2015 by the parties of the united nation framework convention on climate change .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out by an energy efficiency target of at least 40 % . in addition , member states will develop national energy plans , including binding national targets , drafted through an iterative process with the commission in accordance with regulation 20xx / xx [ governance of the energy union ] . the clarification at union level should not restrict member states as their freedom is kept to set more ambitious national targets based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 132 mtoe of primary energy and no more than 846 mtoe of final energy . this means that primary energy consumption should be reduced by 34 % and final energy consumption should be reduced by 29 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


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


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . furthermore , the chemical components of plastics are the less visible side of plastic pollution , and additives may have toxic or other harmful impacts during the whole life cycle of plastic products . to reverse that trend and promote efforts towards safe and sustainable solutions , member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , as is being done for plastic bags under directive 94 / 62 / ec , as amended by directive 2015 / 720 , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . member states should aim at the highest possible ambition for those measures . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling .


### the measures that member states take to transpose and implement articles 4 to 9 shall comply with union food law to ensure that food hygiene and food safety are not compromised . ### the measures that member states take to transpose and implement articles 4 to 9 shall comply with union food law to ensure that food hygiene and food safety are not compromised and with regulation no 1935 / 2004 of the european parliament and of the council of 27 october 2004 on materials and articles intended to come into contact with food and repealing directives 80 / 590 / eec and 89 / 109 / eec . in addition , member states shall incentivise the use of safer alternatives to plastic such as “permanent” and “inert” materials like glass or non - coated metals where possible , and re - use systems , deposit - refund schemes or similar .


### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate . ### sufficient scientific and technical progress has been made , and criteria or a european standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market or consumption , where appropriate .


### pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201648 , the commission should carry out an evaluation of this directive . that evaluation should be based on experience gathered and data collected during the implementation of this directive and data collected under directive 2008 / 56 / ec or directive 2008 / 98 / ec . the evaluation should provide the basis for an assessment of possible further measures and an assessment whether , in view of monitoring of marine litter in the union , the annex listing single - use plastic products needs to be reviewed . the evaluation should also consider whether scientific and technical progress that has taken place in the meantime , including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment , as foreseen in the european plastics strategy , allows the setting of a standard for biodegradation of certain single - use plastic products in the marine environment . that standard would include a standard to test if , as a result of physical and biological decomposition in the marine environment , plastics would fully decompose into carbon dioxide , biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment . if that is the case , single - use plastic products that meet such a standard could be exempted from the prohibition on placing on the market . while the european strategy for plastics already envisages action in this area , it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas . __________________ 48 oj l 123 , 12 . 5 . 2016 , p . 1 . ### pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201648 , the commission should carry out an evaluation of this directive . that evaluation should be based on experience gathered and data collected during the implementation of this directive and data collected under directive 2008 / 56 / ec or directive 2008 / 98 / ec . the evaluation should provide the basis for an assessment of possible further measures and an assessment whether , in view of monitoring of marine litter in the union , the annex listing single - use plastic products needs to be reviewed . __________________ 48 oj l 123 , 12 . 5 . 2016 , p . 1 .


### circular approaches that prioritise re - usable products and re - use systems will lead to a reduction of waste generated , and such prevention is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council . 34 such approaches are also in line with united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . __________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### circular approaches that prioritise safe , non - toxic re - usable products without any hazardous substances and re - use systems will lead to a reduction of waste generated , and such prevention is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council . 34 such approaches are also in line with united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . __________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems and low participation in those systems by the consumers . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quality of the recyclates , offering opportunities for the recycling business and the market for the recyclate . ### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems , low participation in those systems by the consumers but also to the physical and chemical qualities of plastic which make it resistant to degradation and therefore persist in the environment for decades or centuries after plastic products have fulfilled their purpose . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quality of the recyclates , offering opportunities for the recycling business and the market for the recyclate .


### information on the measures taken by member states for the purposes of article 4 . ### information on the measures taken by member states for the purposes of article 4 and 5 .


### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of one or more of the following : appropriate waste disposal options for the product or waste disposal means to be avoided for that product , the negative environmental impacts of littering or other inappropriate waste disposal of the products , or the presence of plastics in the product . 2 . the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### member states shall ensure that each single - use plastic product listed in part d of the annex and fishing gear containing plastic placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of the following : appropriate waste disposal options for the product or waste disposal means to be avoided for that product , the negative environmental impacts of littering or other inappropriate waste disposal of the products , and the presence of plastics in the product and , where applicable , the availability of alternative products with similar operational characteristics . 2 . the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . 3 . without prejudice to paragraph 1 , the marking requirements adopted pursuant to regulation no 1224 / 2009 apply to fishing gear . ”


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


### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely disposed of correctly due to lack of functional re - use or recycling systems , causing littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem , contributing to marine litter and posing a severe risk to animal health and so marine ecosystems on a global scale and their resident biodiversity where it has a potentially toxic effect on organisms , and may be a substrate for pathogens , spreading disease . they have a potential also to damage human health , as well as damaging activities such as tourism , fisheries and shipping , despite existing eu legislation on the use of plastics in food containers .


### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity as well as to human and animal health , and are damaging activities such as tourism , fisheries and shipping .


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


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


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


### the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment , and in particular on the marine environment . ### the impact of those plastic products and fishing gear and its chemical composition , on the environment , and in particular on the aquatic and terrestrial environment as well as on human health , in particular the impact of littering and other inappropriate disposal of those products .


### —beverage containers , i . e . receptacles used to contain liquid such as beverage bottles including their caps and lids ### —beverage containers , i . e . receptacles used to contain liquid such as beverage bottles including their labels , caps and lids


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . in addition , they may cause substantial economic damage to sewer networks by clogging pumps and blocking pipes . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable .


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


### the presence of plastics in the product . ### the fact that a product contains plastic .


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


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . furthermore , the chemical components of plastics are the less visible side of plastic pollution , and additives may have toxic or other harmful impacts during the whole life cycle of plastic products . to reverse that trend and promote efforts towards safe and sustainable solutions , member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , as is being done for plastic bags under directive 94 / 62 / ec , as amended by directive 2015 / 720 , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . member states should aim at the highest possible ambition for those measures . __________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling .


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


### —beverage containers , i . e . receptacles used to contain liquid such as beverage bottles including their caps and lids ### —beverage containers , i . e . receptacles used to contain liquid such as beverage bottles including their labels , caps and lids and single - use plastic lidded receptacles for salads , yoghurt and fruit


### the data on single - use plastic products listed in part a of the annex that have been placed on the union market each year , to demonstrate the consumption reduction in accordance with article 4 ; ### the data on single - use plastic products listed in part a and b of the annex that have been placed on the union market each year , to demonstrate the consumption reduction in accordance with article 4 ;


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


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


### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of one or more of the following : appropriate waste disposal options for the product or waste disposal means to be avoided for that product , the negative environmental impacts of littering or other inappropriate waste disposal of the products , or the presence of plastics in the product . 2 . the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### member states shall ensure that each single - use plastic product listed in part d of the annex and fishing gear containing plastic placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of the following : appropriate waste disposal options for the product or waste disposal means to be avoided for that product , the negative environmental impacts of littering or other inappropriate waste disposal of the products , and the presence of plastics in the product and , where applicable , the availability of alternative products with similar operational characteristics . 2 . the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . 3 . without prejudice to paragraph 1 , the marking requirements adopted pursuant to regulation no 1224 / 2009 apply to fishing gear . ”


### if a flag member state fails to refuse , amend , suspend or withdraw the authorisation in accordance with paragraphs 4 and 5 , the commission may decide to withdraw the authorisation and notify the flag member state and the operator accordingly . ### if a flag member state fails to refuse , amend , suspend or withdraw the authorisation in accordance with paragraphs 4 and 5 , the commission shall withdraw the authorisation and notify the flag member state and the operator accordingly .


### subsequently returned to the union fishing fleet register within 24 months from the date of leaving it . ### subsequently returned to the union fishing fleet register .


### if , following the request for further information or justification referred to in paragraph 2 , the commission finds that the conditions in article 18 are not met , it may object to the granting of the fishing authorisation within two months of receipt of all the required information or justification . ### if , following the request for further information or justification referred to in paragraph 2 , the commission finds that the conditions in article 18 are not met , it may object to the granting of the fishing authorisation within one month of receipt of all the required information or justification .


### it did not operate in waters of a non - cooperating third country pursuant to articles 31 and 33 of council regulation no 1005 / 2008 . ### it did not operate in waters of either a non - cooperating third country pursuant to articles 31 and 33 of council regulation no 1005 / 2008 or a third country which became identified as a country allowing non - sustainable fishing pursuant to point of article 4 of regulation no 1026 / 2012 .


### to this end , an operator shall provide any information related to the relevant period required by a flag member state , including at least each of the following : ### to this end , an operator shall provide any information related to the period during which the vessel referred to in paragraph 1 operated under a third country flag that is required by a flag member state , including at least each of the following :


### the operator has paid all fees and financial penalties claimed by the third country competent authority over the past 12 months . ### the operator has paid all fees and financial penalties claimed by the third country competent authority .


### when carrying out fishing activities under this title , and if the sustainable fisheries partnership agreement with the third country so provides , an operator of a union fishing vessel shall send the relevant catch declarations and landing declarations to the third country , and send its flag member state a copy of that communication . ### when carrying out fishing activities under this title , an operator of a union fishing vessel shall send the relevant catch declarations and landing declarations to both its flag member state and to the third country .


### name and flag of the vessel ; ### name and flag of the vessel and its cfr and imo numbers ;


### the commission may refuse , suspend or withdraw the authorisation in cases where a fundamental change of circumstances has occurred or in cases where overriding policy reasons pertaining inter alia to international standards of human rights or to the fight against illegal , unreported or unregulated fishing warrant such action or in cases where , for such or any other reason of overriding policy the union has decided to suspend or sever relations with the third country concerned . ### the commission may refuse , suspend or withdraw the authorisation in cases : – where a fundamental change of circumstances has occurred relating to the sustainable exploitation , management and conservation of marine biological resources or – pertaining to international standards of human rights or – where there is a serious risk of a possible infraction related to illegal , unreported or unregulated fishing or – where , for such or any other reason of overriding policy the union has decided to suspend or sever relations with the third country concerned .


### if the regional fisheries management organisation register or list is not public , the commission shall notify the flag member state of the vessels included on it . ### the commission shall circulate the list of authorised vessels to the member states .


### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . ### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases : of duly justified imperative grounds of urgency relating to the sustainable exploitation , management and conservation of marine biological resources ; of serious risk of a possible infraction related to illegal , unreported or unregulated fishing ; or where the union has decided to suspend or sever relations with the third country concerned .


### this chapter shall apply to fishing activities carried out on the high seas by union fishing vessels exceeding 24 meters in overall length . ### this chapter shall apply to fishing activities carried out on the high seas .


### type of authorisation ; and ### type of authorisation , including fishing opportunities ; 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 .


### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . in view of these new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation . ### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of cultural heritage for future generations . digital technologies offer new ways to preserve the heritage contained in the collections of cultural heritage institutions , but they also create new challenges . one such challenge is the systematic collection and preservation of works which are not originally published by traditional analogue means , but originate in a digital form . whereas publishers in member states are typically obliged to provide a reference copy of each published work to certain cultural heritage institutions for archiving purposes , such obligations often do not apply to born - digital works . in the absence of the provision of reference copies by the authors or publishers of born - digital works , cultural heritage institutions should be allowed to make reproductions of born - digital works at their own initiative whenever they are openly available on the internet , in order to add them to their permanent collections . cultural heritage institutions also engage in making internal reproductions for many varying purposes including insurance , rights clearance , and loans . in view of these possible new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction .


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


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive at least once a year and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have directly licensed , assigned or transferred their rights , notably as regards modes of exploitation , promotional activities undertaken , revenues generated and remuneration due .


### 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 research and education , provided that the use :


### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu . ### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2000 / 31 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### member states shall ensure that rightholders have the right to grant royalty - free licences authorising the acts described in paragraph 1 , generally or as regards specific types of works or other subject - matter that they may choose . member states may provide for fair compensation for the demonstrable harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 , provided that it does not go beyond what is necessary and proportionate to compensate such demonstrable harm , and that rightholders do not require that the beneficiaries of the exception or limitation referred to in paragraph 1 provide information on individual uses made pursuant to paragraph 1 .


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


### use of works and other subject - matter in digital and cross - border teaching activities ### use of works and other subject - matter in research and education activities


### 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 .


### 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 .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports , to build collections of born - digital works or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties , which could be requested to perform the act of reproduction on behalf of a cultural heritage institution within the scope of the exception .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors , performers , and those bodies who use public money for the purchase of content , receive on a regular basis and taking into account the specificities of each sector , timely , and comprehensive information on the exploitation of works and performances from those to whom or by whom works are licensed or rights are transferred , notably as regards modes of exploitation , payments made , revenues generated and remuneration due . such information should be made freely available in the public domain .


### 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 .


### 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 as well as bodies who use public money for the purchase of content need information to assess the economic value of 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 , including cases where subsequently these works are licensed to or these rights are transferred to third parties . 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 , their successors in title or third parties to whom licences have been granted or rights have been transferred is important for the transparency and balance in the system that governs the remuneration of authors and performers .


### 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 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 from where the educational establishment is established or from where the educational activity originates .


### 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 .


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


### 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 institutions in all member states .


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


### 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 research and education activities such as teaching , related learning activities and academic collaboration . the use of the works or other subject - matter under the exception or limitation should include uses 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 research and education .


### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . in view of these new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation . ### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of cultural heritage for future generations . digital technologies offer new ways to preserve the heritage contained in the collections of cultural heritage institutions , but they also create new challenges . one such challenge is the systematic collection and preservation of works which are not originally published by traditional analogue means , but originate in a digital form . whereas publishers in member states are typically obliged to provide a reference copy of each published work to certain cultural heritage institutions for archiving purposes , such obligations often do not apply to born - digital works . in the absence of the provision of reference copies by the authors or publishers of born - digital works , cultural heritage institutions should be allowed to make reproductions of born - digital works at their own initiative whenever they are openly available on the internet , in order to add them to their permanent collections . cultural heritage institutions also engage in making internal reproductions for many varying purposes including insurance , rights clearance , and loans . in view of these possible new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction .


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### member states shall designate a facility to safely store datasets used for text and data mining and to make them accessible for verification purposes .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### without prejudice to paragraph 2 , member states shall provide for fair compensation to rightholders for the use of their works or other subject - matter pursuant to paragraph 1 .


### 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 research or education 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 .


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


### 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 .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### member states shall ensure that rightholders have the right to grant royalty - free licences authorising the acts described in paragraph 1 , generally or as regards specific types of works or other subject - matter that they may choose . member states may provide for fair compensation for the demonstrable harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 , provided that it does not go beyond what is necessary and proportionate to compensate such demonstrable harm , and that rightholders do not require that the beneficiaries of the exception or limitation referred to in paragraph 1 provide information on individual uses made pursuant to paragraph 1 .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply measures to technologically limit the right to exercise the exception adopted pursuant to paragraph 1 .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research and innovation , transformative use , education and cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec negatively impacts the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for research , teaching and preservation of cultural heritage should be reassessed and complemented in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies , illustration for teaching , user - generated content , freedom of panorama and for preservation and dissemination of cultural heritage should be introduced . for uses not covered by the exceptions or limitations provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### preservation of cultural heritage ### reproduction by cultural heritage institutions and educational establishments , including cross - border activities


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors , performers , and those bodies who use public money for the purchase of content , receive on a regular basis and taking into account the specificities of each sector , timely , and comprehensive information on the exploitation of works and performances from those to whom or by whom works are licensed or rights are transferred , notably as regards modes of exploitation , payments made , revenues generated and remuneration due . such information should be made freely available in the public domain .


### 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 negotiating position when they grant licences or transfer their rights by contract , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer . however , they often face a lack of transparency . therefore , the regular sharing of adequate and accurate information by their direct contractual counterparts or their successors in title is necessary for transparency and balance in the system that governs the remuneration of authors and performers .


### 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 .


### the commission shall in 2024 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure ### the commission shall in 2022 submit a report to the european parliament and the council on the effectiveness of this regulation , where appropriate , accompanied by a proposal for amending the regulation to confirm the union fleet - wide co2 emissions target for 2030 and the zero emission benchmark . this report will consider , inter alia , the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 , the deployment on the union market of zero - and low - emission vehicles and the roll - out of recharging and refuelling infrastructure reported under directive 2014 / 94 / eu of the european parliament and of the council29 . _________________ 29 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure


### the european strategy for low - emission mobility16 sets a clear ambition : by mid - century , greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and be firmly on the path towards zero . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 . _________________ 16 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions a european strategy for low - emission mobility 501 final ) . ### in order to meet the union ' s commitments made at the 21st conference of the parties to the united nations framework convention on climate change , held in paris in 2015 , the decarbonisation of the transport sector needs to be accelerated and greenhouse gas emissions from that sector should be firmly on the path towards zero - emission by mid - century . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 .


### the specific emissions target = ) · zlev factor ### specific emissions target2025= specific emissions target2021·


### a dedicated incentive mechanism should be introduced to facilitate a smooth transition towards zero - emission mobility . this crediting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles . ### a binding minimum share of zero - emission vehicles should be introduced to facilitate a smooth transition towards zero - emission mobility . this minimum share should be designed so as to ensure investment certainty for charging infrastructure in order to promote the deployment on the union market of zero - and low - emission vehicles .


### the european strategy for low - emission mobility16 sets a clear ambition : by mid - century , greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and be firmly on the path towards zero . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 . _________________ 16 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions a european strategy for low - emission mobility 501 final ) . ### in order to meet the eu ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and greenhouse gas emissions should also be firmly on the path towards zero - emission by mid - century . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 .


### the commission shall automatically decommit any portion of a budget commitment for rural development interventions in a cap strategic plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in article 30 has been presented to it in relation to expenditure effected by 31 december of the second year following that of the budget commitment . ### the commission shall automatically decommit any portion of a budget commitment for rural development interventions in a cap strategic plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in article 30 has been presented to it in relation to expenditure effected by 31 december of the third year following that of the budget commitment .