### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may , for the whole duration of the consent / authorisation and as from the date of entry into force of the union authorisation , adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the authorisation holder without delay .


### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union . ### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec taking into account the direct , indirect , immediate and delayed effects , as well as the cumulative long - term effects , on human health and the environment . this risk assessment provides scientific advice to inform the decision making process and is followed by a risk management decision that also takes into account other legitimate factors relevant to the matter . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , non - discriminatory and based on grounds such as those related to :


### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and no later than two years after the date when the consent / authorisation is granted , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services . ### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and for the whole duration of the consent / authorisation , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . the member state concerned should therefore communicate the proposed measures to the commission at least 75 days prior to their adoption , in order to give the opportunity to the commission to comment , and should refrain from adopting and implementing those measures during that period . on the expiry of the established standstill period , the member state should be able to adopt the measures as originally proposed or amended to take into account the commission ' s comments . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


### where the authorisation has already been granted and the authorisation holder has explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph of this article , the authorisation shall be as agreed by the authorisation holder . for a written consent under this directive , the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the authorisation holder and shall inform the commission , the member states , and the authorisation holder once this is complete . for an authorisation under regulation no 1829 / 2003 , the commission shall amend the decision of authorisation accordingly , without applying the procedure set out in article 35 of that regulation . the commission shall inform the member states and the authorisation holder accordingly . ### where the authorisation has already been granted and the commission or the authorizing body explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph of this article , the authorisation shall be as agreed by the commission or the granting authority . for a written consent under this directive , the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the commission or the granting authority and shall inform the commission , the member states , and the authorisation holder once this is complete . for an authorisation under regulation no 1829 / 2003 , the commission shall amend the decision of authorisation accordingly , without applying the procedure set out in article 35 of that regulation . the commission shall inform the member states and the authorisation holder accordingly


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### where the notifier / applicant chooses not to exploit the possibility to request the restriction of the geographical scope of a given gmo , the concerned member state should send to the commission the reasoned measures restricting or prohibiting the cultivation of that gmo in all or part of its territory , on the basis of grounds listed in article 26b paragraph 3 of this directive which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used .


### in the case of non - conformity with the contract , consumers should as a first step be entitled to have the digital content brought to conformity with the contract . depending on technical characteristics of the digital content , the supplier may select a specific way of bringing the digital content to conformity with the contract , for example by issuing updates or requiring the consumer to access a new copy of the digital content . given the diversity of digital content , it is not appropriate to set fixed deadlines for the exercise of rights or the fulfilling of obligations related to that digital content . such deadlines may not capture this diversity and be either too short or too long , depending on the case . it is therefore more appropriate to refer to reasonable deadlines . the digital content should be brought into conformity with the contract within a reasonable time and free of any costs ; in particular the consumer should not incur any costs associated with the development of an update for the digital content . ### in the case of non - conformity with the contract , consumers should have a free choice between having the digital content brought into conformity with the contract , a replacement , a price reduction or termination of the contract . depending on technical characteristics of the digital content , the supplier may select a specific way of bringing the digital content to conformity with the contract , for example by issuing updates or requiring the consumer to access a new copy of the digital content . given the diversity of digital content , it is not appropriate to set fixed deadlines for the exercise of rights or the fulfilling of obligations related to that digital content . such deadlines may not capture this diversity and be either too short or too long , depending on the case . it is therefore more appropriate to refer to reasonable deadlines . the digital content should be brought into conformity with the contract within a reasonable time and free of any costs ; in particular the consumer should not incur any costs associated with the development of an update for the digital content .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall refrain from the use of personal data or any other data which the consumer has made available instead of a payment in money in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content . the supplier shall refrain from processing personal data for the mere purpose of allowing non - personal data and content to be linked to the consumer in order to be able to allow the consumer to retrieve it under point . the supplier shall comply with the obligations applicable under regulation 2016 / 679 ;


### member states shall ensure that adequate and effective means exist to ensure compliance with this directive . ### member states shall ensure that effective and dissuasive means exist to ensure compliance with this directive .


### the protection of individuals with regard to the processing of personal data is governed by directive 95 / 46 / ec of the european parliament and of the council1 and by directive 2002 / 58 / ec of the european parliament and of the council2 which are fully applicable in the context of contracts for the supply of digital content . those directives already establish a legal framework in the field of personal data in the union . the implementation and application of this directive should be made in full compliance with that legal framework . __________ oj l 281 , 23 / 11 / 1995 , p . 31 - 50 ) [ to be replaced by the general data protection regulation , once adopted ] . 2 . oj l 201 , 31 . 7 . 2002 , p . 37–47 . ### the pursuit of activities falling within the scope of this directive involves the processing of personal data . this directive is without prejudice to the rules of union law applicable to the processing of personal data within the union , in particular regulation 2016 / 679 and directive 2002 / 58 / ec of the european parliament and of the council2 , which govern the processing of personal data carried out in the member states under the supervision of the member states ' competent authorities , in particular the public independent authorities designated by the member states . those legal acts already establish a legal framework in the field of personal data in the union and are fully applicable in the context of contracts for the supply of digital content . the implementation and application of this directive should be made in full compliance with that legal framework . __________ 2 . oj l 201 , 31 . 7 . 2002 , p . 37–47 .


### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content cross - border . they will have a stable contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content . ### harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content cross - border . they will have a stable contract law environment when selling online and otherwise at a distance to other member states . harmonised rules specific for digital content throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should also apply to contracts where the consumer provides personal data or any other data that may be used directly or indirectly by the supplier . this should also include contracts in which the consumer allows access to , and processing of his or her personal data by the supplier . this directive should not apply to situations where the supplier collects data that are exclusively used by the supplier in order for the digital content to function , including software updating , in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws .


### the supplier shall be liable to the consumer for any economic damage to the digital environment of the consumer caused by a lack of conformity with the contract or a failure to supply the digital content . damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . ### the supplier shall be liable to the consumer for any economic damage to the consumer caused by a lack of conformity with the contract or a failure to supply the digital content . damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract .


### contracts may include general terms and conditions of the supplier that need to be accepted by the consumer . for some digital content , suppliers often describe the service and measurable service targets in a service level agreement . these service level agreements are generally appended to the main contract and form an important component of the contractual relationship between the supplier and the consumer . they should be covered by the definition of a contract under this directive , and should thus comply with the rules laid down therein . ### contracts may include general terms and conditions of the supplier that need to be accepted by the consumer . for some digital content , suppliers often describe the service and measurable service targets in a service level agreement . these service level agreements are generally appended to the main contract and form an important component of the contractual relationship between the supplier and the consumer . they should be covered by the definition of a contract under this directive , and should thus comply with the rules laid down therein . in cases where consent to the processing of personal data is given as a counter - performance other than money , the contract should contain the information about the processing prescribed by regulation 2016 / 679 of the european parliament and of the council1 , but that information should be clearly distinguishable from other elements of the contract . in addition , easily understandable icons should illustrate the main elements of the processing of personal data .


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier , on request by the consumer , shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced through the consumer ' s use of the digital content to the extent that data have been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format and to transmit that content to another supplier without hindrance from the initial supplier ;


### by fully harmonising all requirements related to the topics regulated by this directive , it precludes member states , within its scope of application , from providing any further formal or substantive requirements , such as a period during which the lack of conformity has to become apparent , an obligation for the consumer to notify the supplier of a lack of conformity within a specific period or an obligation for the consumer to pay for the use of the digital content until the moment of termination because of a lack of conformity with the contract . ### by providing a minimum level of consumer protection related to the topics regulated by this directive , it precludes member states , within its scope of application , from providing any further formal or substantive requirements of the consumer , such as a period during which the lack of conformity has to become apparent , an obligation for the consumer to notify the supplier of a lack of conformity within a specific period or an obligation for the consumer to pay for the use of the digital content until the moment of termination because of a lack of conformity with the contract .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and digital services and their supply . while there are numerous ways for digital content or digital services to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured .


### this directive should fully harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content , remedies available to consumers in cases of lack of conformity of digital content with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content . ### this directive should harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content , remedies available to consumers in cases of lack of conformity of digital content with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , specific types of unfair contract terms relating to digital content and digital services as well as certain aspects concerning the modification of the digital content .


### a failure of the supplier to supply the digital content to the consumer in accordance with the contract is a serious breach of the main contractual obligation of the supplier , which should allow the consumer to immediately terminate the contract . where the supplier has initially not failed to supply the digital content , interruptions of the supply making the digital content not available or accessible to the consumer over a short period of time should be treated as non - conformity with the contract , and not a failure to supply . in particular , the requirement of proper continuity of the digital content should also cover more than negligible short term interruptions of the supply . ### a failure of the supplier to supply the digital content to the consumer in accordance with the contract or non - conformity of the digital content or digital service with the contract should allow the consumer to immediately terminate the contract . the requirement of proper continuity of the digital content should also cover more than negligible short term interruptions of the supply .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content is to be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main&#160 ; performance features of the digital content such as its accessibility and continuity , only if :


### the consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer ' s digital environment . the obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer . where the consumer fails to cooperate , the burden of proof with respect to the non - conformity with the contract shall be on the consumer . ### the consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer ' s digital environment . the obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer . where the consumer fails to cooperate , the burden of proof with respect to the non - conformity with the contract shall be on the consumer . the consumer may choose not to give consent where the supplier requests access to private or personal information and communication .


### member states shall provide for effective , proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures , including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures . ### member states shall provide for effective , proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures by retaining the protection and applying the rules of general law .


### financial services , prevention of money laundering and terrorist financing ; ### financial services , prevention of money laundering and terrorist financing , corruption and organised crime ;


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on unlawful activities , abuse of law or threats to the public interest , including :


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and to ensure that there are effective reporting channels .


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . this should not be interpreted as limiting the right to a fair trial .


### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in compliance with data protection legislation ; ### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in compliance with data protection legislation and the principles of security and privacy by design ;


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of more long - term and requalification trainings and courses for students , the workforce , it professionals , researchers and academics ;


### member states may comply with the obligation laid down in the first subparagraph by replacing the gas with different source of energy to the extent that the same level of protection is achieved . ### member states may comply with the obligation laid down in the first subparagraph by measures that will reduce the energy consumption or by replacing the gas with different source of energy , in particular biogas and other renewable energy sources , to the extent that the same level of protection is achieved .


### the other preventive measures designed to address the risks identified in the risk assessment , such as those relating to the need to enhance interconnections between neighbouring member states and the possibility to diversify gas routes and sources of supply , if appropriate , to address the risks identified in order to maintain gas supply to all customers as far as possible ; ### the other preventive measures designed to address the risks identified in the risk assessment , such as those relating to the need to enhance interconnections between neighbouring member states , to further develop energy efficiency policies , to develop domestic biogas resources , to cost effectively manage gas supply disruptions through coordination and the development of an integrated approach with the electricity system , and the possibility to diversify gas routes and sources of supply , if appropriate , to address the risks identified in order to maintain gas supply to all customers as far as possible ;


### the measures , volumes and capacities needed to fulfil the infrastructure and supply standards in each member state of the region , as laid down in articles 4 and 5 , including where applicable , the extent to which demand - side measures can sufficiently compensate , in a timely manner , for a supply disruption as referred to in article 4 , the identification of the single largest gas infrastructure of common interest in the case of application of article 4 , the necessary gas volumes per category of protected customers and per scenario as referred to in article 5 and any increased supply standard under article 5 , including a justification of the compliance with the conditions set in article 5 and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with article 12 ; ### the measures , volumes and capacities needed to fulfil the infrastructure and supply standards in each member state of the region , as laid down in articles 4 and 5 , including the assessment of the potential for gas demand reduction through refurbishing of the building stock and economy wide energy efficiency measures and an action plan for its deployment in a timely manner ; and where applicable , the extent to which demand - side measures can sufficiently compensate , in a timely manner , for a supply disruption as referred to in article 4 , the identification of the single largest gas infrastructure of common interest in the case of application of article 4 , the necessary gas volumes of protected customers and per scenario as referred to in article 5 ;


### no later than 31 march 2017 member states shall notify the commission their definition of protected customers , the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state . where a member state includes in its definition of protected customers the categories referred to in point or of article 2 it shall specify in the notification to the commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas . ### no later than 31 march 2017 member states shall notify the commission the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state , as well as the extent to which the gas supply to its protected customers may influence cross - border flows to other member states .


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . . ### one of the union goals is to strengthen the energy community in order to ensure effective implementation of the union energy acquis , energy market reforms and incentives to invest in the energy sector by closer integration of the union and energy community energy markets . this also entails introducing common crisis management by proposing preventive action plans and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication of 16 october 2014 on the short term resilience of the european gas system refers to the need to apply internal energy market rules on the flow of energy between the union member states and energy community contracting parties . in this regard , in order to ensure efficient crisis management on borders between the union member states and the energy community contracting parties , necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place .


### the competent authorities shall adopt the necessary measures , so that gas not supplied to customers other than households , essential social services and district heating installations in their territory in the situation described in paragraph 2 can be supplied to the member state in the emergency situation described in the same paragraph for the supply to households , essential social services and district heating installations in that member state . ### the competent authorities shall adopt the necessary measures , so that gas not supplied to customers other than protected customers in their territory in the situation described in paragraph 2 can be supplied to the member state in the emergency situation described in the same paragraph .


### demand - side measures , such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order , may have a valuable role to play in ensuring energy security , if they can be applied quickly and significantly reduce demand in response to a supply disruption . more should be done to promote efficient energy use , particularly where demand - side measures are needed . the environmental impact of any demand and supply - side measures proposed must be taken into account , with preference being given , as far as possible , to measures that have least impact on the environment . at the same time , security of supply and competitiveness aspects must be taken into account . ### demand - side measures , such as reducing heating and cooling demand in buildings by coordinated energy efficiency and demand response measures , fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order , have a valuable role to play in ensuring energy security . more should be done to promote efficient energy use , particularly where demand - side measures are justified by analysis of the available cost - effective energy savings potential . the environmental impact of any demand and supply - side measures proposed must be taken into account , with preference being given to measures that have the least impact on the environment and on climate . while security of supply and competitiveness aspects must be taken into account , demand - side measures , as well as renewable energy sources , are understood to actively contribute to a long - term energy security of the eu .


### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency . ### as long as gas supply to protected customers in the member state that have called for the application of solidarity measures is not satisfied , the gas supply to protected customers in any other member state , directly connected to that member state , shall not continue to the extent necessary to supply the protected customers in the member states having declared the emergency .


### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . ### to the competent authorities and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after 20 march 2015 that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 25% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all existing and new commercial agreements relevant for the execution of the gas supply contract .


### the measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory and verifiable , shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states or of the union as a whole . ### the measures to ensure the security of energy supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , sustainable and compatible with the climate and energy objectives , shall be demand - based and not exclusively supply - based , shall consider renewable energy sources and energy efficiency as priority solution to improve europe ' s energy security , shall not unduly distort competition and the effective functioning of the internal market in gas , shall not endanger the security of gas supply of other member states or of the union as a whole , shall not contribute to create a new fossil fuel lock - in and shall limit the risk of stranded assets .


### by 1 november 2017 entso for gas shall carry out a union wide simulation of supply and infrastructure disruption scenarios . the scenarios shall be defined by entso for gas in consultation with the gas coordination group . the competent authorities shall provide entso for gas with the necessary data for the simulations such as peak demand values , production capacity and demand side measures . the competent authorities shall take into account the results of the simulations for the preparation of the risk assessments , preventive action plans and emergency plans . the union - wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates . ### the competent authorities shall take into account the results of the union wide simulations carried out by entso for gas for the preparation of the risk assessments , preventive action plans and emergency plans .


### no later than 31 march 2017 member states shall notify the commission their definition of protected customers , the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state . where a member state includes in its definition of protected customers the categories referred to in point or of article 2 it shall specify in the notification to the commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas . ### no later than 31 march 2017 member states shall notify the commission the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state .


### to allow for a swift union response to changing circumstances as regards security of gas supply , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amendment of regions and templates for risk assessment and plans . it is particularly important that the commission carry out appropriate consultations during its preparatory work , including at expert level . when preparing and drawing up delegated acts , it should ensure that relevant documents are simultaneously sent to the european parliament and the council , in good time and in the appropriate manner . ### to allow for a swift union response to changing circumstances as regards security of gas supply , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amendment of templates for risk assessment and plans . it is particularly important that the commission carry out appropriate consultations during its preparatory work , including at expert level . when preparing and drawing up delegated acts , it should ensure that relevant documents are simultaneously sent to the european parliament and the council , in good time and in the appropriate manner .


### the competent authority shall require the natural gas undertakings , that it identifies , to take measures to ensure the supply of gas to the protected customers of the member state in each of the following cases : ### the competent authority shall require the natural gas undertakings , that it identifies , to take measures to ensure that the supply of energy necessary for the comfort , security and health of protected customers of the member state is maintained in each of the following cases :


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market that operates smoothly can offer a good guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply .


### describe other measures adopted for reasons other than the risk assessment but with a positive impact for the security of supply of the region / member state ### describe other measures , including energy efficiency measures , adopted for reasons other than the risk assessment but with a positive impact for the security of supply of the region / member state


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . . ### one of the union goals is to strengthen a climate - friendly energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the renewable energy sector , including investments on the energy demand side , in the form of energy efficiency improvements , by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place .


### national regulatory authorities shall take into account the efficiently incurred costs of fulfilling the obligation set out in paragraph 1 and the costs of enabling permanent bi - directional capacity so as to grant appropriate incentives when fixing or approving , in a transparent and detailed manner , the tariffs or methodologies in accordance with article 41 of directive 2009 / 73 / ec and article 13 of regulation no 715 / 2009 . ### national regulatory authorities shall take into account the efficiently incurred costs of fulfilling the obligation set out in paragraph 1 , including how energy efficiency measures to reduce gas demand may contribute to the most cost - effective approach to fulfilling the n - 1 formula , and the costs of enabling permanent bi - directional capacity so as to grant appropriate incentives when fixing or approving , in a transparent and detailed manner , the tariffs or methodologies in accordance with article 41 of directive 2009 / 73 / ec and article 13 of regulation no 715 / 2009 .


### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by : ### the competent authorities , in cooperation with the national regulatory authorities where they are not the competent authorities , of each region as listed in annex i shall jointly make an assessment at regional level of all possible risks affecting the security of gas supply . the assessment shall take into account all relevant and possible risks such as natural disasters , technological , climate , commercial , social , political and other risks , while taking in consideration gas demand in europe , its long - term consumption trend , the impacts of efficiency measures and deployment of renewable energy sources on that demand and the utilisation rates of existing infrastructure . the risk assessment shall be carried out by :


### information on existing and future interconnections , including those providing access to the gas network of the union , cross - border flows , cross - border access to storage and lng facilities and the bi - directional capacity , in particular in the event of an emergency ; ### information on existing and future interconnections , including those providing access to the gas network of the union , cross - border flows , cross - border access to storage and lng facilities and the bi - directional capacity , in particular in the event of an emergency , as well as calculations and impact assessments to compare the possibility through demand - side measures to cost - effectively reduce or eliminate the need for these supply - side infrastructural investments ;


### demand - side measures , such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order , may have a valuable role to play in ensuring energy security , if they can be applied quickly and significantly reduce demand in response to a supply disruption . more should be done to promote efficient energy use , particularly where demand - side measures are needed . the environmental impact of any demand and supply - side measures proposed must be taken into account , with preference being given , as far as possible , to measures that have least impact on the environment . at the same time , security of supply and competitiveness aspects must be taken into account . ### demand - side measures , such as reducing heating and cooling demand in buildings by coordinated energy efficiency measures , fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order , have a valuable role to play in ensuring energy security . more should be done to promote efficient energy use , particularly where demand - side measures are needed . the environmental impact of any demand and supply - side measures proposed must be taken into account as a priority . environmental assessment of each new gas infrastructures must be conducted .


### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the energy union ' s strategic planning and reporting tools . ### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the 2030 energy package , the 2050 energy roadmap and the energy union ' s strategic planning and reporting tools .


### the preventive action plans and emergency plans should be updated regularly and published . they should be subject to peer review . the peer review process allows for early identification of inconsistencies and measures that could endanger other member states ' security of supply , thereby ensuring that plans from different regions are consistent with one another . it also enables member states to share best practice . ### the preventive action plans and emergency plans should be updated regularly and published . they should be subject to peer review . the peer review process allows for early identification of inconsistencies and measures that could endanger other member states ' security of supply , thereby ensuring that plans from different regions are consistent with one another . it also enables member states to share best practice . the plans should be coherent with the eu carbon emissions , renewables and energy efficiency targets . preventive action plans and emergency plans will require regular updates as the targets are increased , and a clear timeline to shift away from gas and other fossil fuels towards renewable energy sources and energy efficiency , as a guarantee of energy security .


### the commission communication ' framework strategy for a resilient energy union with a forward - looking climate change policy ' 14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims , thus paving the way for implementing the energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final . ### the commission communication ' framework strategy for a resilient energy union with a forward - looking climate change policy ' from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states while achieving the climate and energy goals , and should put in place the measures needed to achieve these aims , thus paving the way for implementing a climate - friendly energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final .


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage the cooperation between member states and with undertakings , including small and medium - sized enterprises , in the development of technologies or products solely in line with defence capability priorities commonly agreed by member states within the union in the context of the capability development plan of the common security and defence policy ;


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to increase the level of efficiency of cooperation between member states and de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification should be considered under the programme . this will also apply to the upgrade of existing defence products and technologies .


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development . ### in the european defence action plan , &#160 ; adopted on 30 november 2016 , the commission described the many&#160 ; structural problems in the european defence sector which hamper the efficient&#160 ; use of national resources for providing the defence capabilities needed for&#160 ; an effective common security and defence policy . the commission in&#160 ; particular underlines that duplications , fragmentation , and other structural&#160 ; problems have led to a sector which generates only 15% of capabilities&#160 ; compared to the same investment by the us . the highly inefficient structures&#160 ; and mechanisms , coupled with a very low rate of collaborative projects&#160 ; currently leads to a loss of an estimated 25 - 100 bn&#8364 ; annually according to&#160 ; the commission . 1a this is why in the european defence action&#160 ; plan , the commission committed to complement , leverage and&#160 ; consolidate collaborative efforts by member states in developing defence&#160 ; capabilities to respond to security challenges , as well as to foster an&#160 ; efficient european defence industry . to realise these objectives&#160 ; it is therefore at union level necessary to enhance the institutional&#160 ; framework for cooperation of member states in the defence industrial&#160 ; development sector . it proposed in particular to launch efficient&#160 ; cooperation actions that would lead to investments by the member states&#160 ; in joint research and the joint development of defence equipment and&#160 ; technologies , as well as action in the scope of conversion from military to civil&#160 ; protection . &#160 ; &#180 ; __________________&#160 ; 1a european commission , 30 november2016 , &#160 ; annex the business case for more efficient spending on defence . &#160 ;


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as observer . ### the commission shall be assisted by a&#160 ; committee . that committee shall be a committee within the meaning of&#160 ; regulation no 182 / 2011 . the european defence agency and representatives of the&#160 ; european parliament , civil society and academia shall be invited as&#160 ; observer .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster efficiency gains in the&#160 ; union defence industry by member states supporting joint&#160 ; actions on union territory in their industrial development&#160 ; phase ;


### viability notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as member states’ contributions ; and ### viability notably via a demonstration by the participants that the costs of the eligible action are covered by means of financing such as member states’ contributions and the athena mechanism ; and


### at least 70 % for biofuels and bioliquids produced in installations starting operation after 1 january 2021 ; ### at least 70 % for biofuels and bioliquids produced in installations starting operation after 1 january 2021 , and , from 1 january 2025 , produced in all installations ;


### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 . ### biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland or wetland in january 2008 .


### the establishment of a union binding renewable energy target for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors . a target defined at the union level would leave greater flexibility for member states to meet their greenhouse gas reduction targets in the most cost - effective manner in accordance with their specific circumstances , energy mixes and capacities to produce renewable energy . ### the establishment of union and national binding renewable energy targets for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors .


### the opening of support schemes to cross - border participation limits negative impacts on the internal energy market and can , under certain conditions , help member states achieve the union target more cost - efficiently . cross - border participation is also the natural corollary to the development of the union renewables policy , with a union - level binding target replacing national binding targets . it is therefore appropriate to require member states to progressively and partially open support to projects located in other member states , and define several ways in which such progressive opening may be implemented , ensuring compliance with the provisions of the treaty on the functioning of the european union , including articles 30 , 34 and 110 . ### the opening of support schemes to cross - border participation limits negative impacts on the internal energy market and can , under certain conditions , help member states achieve the union target more cost - efficiently . cross - border participation is also the natural corollary to the development of the union renewables policy , with a union - level binding target accompanying national binding targets . it is therefore appropriate to require member states to progressively and partially open support to projects located in other member states , and define several ways in which such progressive opening may be implemented , ensuring compliance with the provisions of the treaty on the functioning of the european union , including articles 30 , 34 and 110 .


### in order to support member states ' ambitious contributions to the union target , a financial framework aiming to facilitate investments in renewable energy projects in those member states should be established , also through the use of financial instruments . ### in order to support member states in reaching their targets , a financial framework aiming to facilitate investments in renewable energy projects in those member states should be established , also through the use of financial instruments .


### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 1 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 . ### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling , in particular by supporting innovative technologies such as heat pumps , geothermal and solar thermal technologies , by at least 1 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 .


### member states shall put in place a database enabling tracing of transport fuels that are eligible for counting towards the numerator set out in paragraph 1 , and require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels , including their life cycle greenhouse gas emissions , starting from their point of production to the fuel supplier that places the fuel on the market . ### the commission shall put in place a database enabling tracing of transport fuels , including electricity , that are eligible for counting towards the numerator set out in point of paragraph 1 . member states shall require fuel suppliers to enter in the database the total annual quantities of energy they supply to the transport sector as defined in denominator in point of paragraph 1 . suppliers of renewable energy in transport as defined in the numerator in point of paragraph 1 shall be required to enter information on the transactions made and the sustainability characteristics of the eligible fuels , including their life cycle greenhouse gas emissions , starting from their point of production to the fuel supplier that places the fuel on the market .


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


### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems . ### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should only promote energy uses from sustainable mobilisation of waste and residue resources from timber and agriculture .


### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards . ### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural or forest raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural or forest raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards .


### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating the annex , should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , the biomass cascading use principle , and the need to ensure that that annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating that annex , should consider the inclusion of additional feedstocks that are able to deliver substantial greenhouse gas emission savings based on a life cycle assessment , taking into account indirect emissions related to any displacement effects , and that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


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


### ‘ food and feed crops’ means starch - rich crops , sugars and oil crops produced on agricultural land as a main crop excluding residues , waste or ligno - cellulosic material ; ### ' food and feed crops ' means starch - rich crops , sugars and oil crops and other crops grown primarily for energy purposes on agricultural land as a main crop excluding residues and waste ;


### for the purposes referred to in points , and of paragraph 1 , member states may place additional sustainability requirements for biomass fuels . ### for the purposes referred to in points , and of paragraph 1 , member states may place additional sustainability requirements for biofuels , bioliquids and biomass fuels .


### it is thus appropriate to establish a union binding target of at least 27% share of renewable energy . member states should define their contribution to the achievement of this target as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] . ### it is thus appropriate to establish a union binding target of at least 45 % share of renewable energy , to be accompanied by national binding targets . member states should demonstrate their policies and measures for the achievement of this target as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] .


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


### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive . ### where pasture or agricultural land previously destined for food and feed production is diverted to biofuel production , it will continue to be necessary to satisfy the non - fuel demand by intensifying current production or bringing non - agricultural land into production elsewhere . the latter case constitutes indirect land - use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive , and to include an estimate for indirect land - use changes in the calculation of greenhouse gas emissions .


### every 2 years , the commission shall carry out an evaluation of the list of feedstocks in parts a and b of annex ix in order to add feedstocks , in line with the principles set out in this paragraph . the first evaluation shall be carried out no later than 6 months after [ date of entry into force of this directive ] . if appropriate , the commission shall adopt delegated acts to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . ### every 2 years , the commission shall carry out an evaluation of the list of feedstocks in parts a and b of annex ix in order to add or remove feedstocks , in line with the principles set out in the first subparagraph of this paragraph . the first evaluation shall be carried out no later than 6 months after [ date of entry into force of this directive ] . until 1 january 2025 , the commission shall not remove feedstocks from annex ix and shall only reduce indirect emission values in annex viii .


### agricultural feedstock for the production of biofuels , bioliquids and biomass fuels should not be produced on peatland as the cultivation of feedstock on peatland would result in significant carbon stock loss if the land was further drained for that purpose while the absence of such drainage cannot be easily verified . ### agricultural feedstock for the production of biofuels , bioliquids and biomass fuels should not be produced on peatland or wetland as the cultivation of feedstock on peatland or wetland would result in significant carbon stock loss if the land was further drained for that purpose while the absence of such drainage cannot be easily verified .


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


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


### the establishment of a union binding renewable energy target for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors . a target defined at the union level would leave greater flexibility for member states to meet their greenhouse gas reduction targets in the most cost - effective manner in accordance with their specific circumstances , energy mixes and capacities to produce renewable energy . ### the establishment of union and national binding renewable energy targets for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors .


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


### member states shall put in place a database enabling tracing of transport fuels that are eligible for counting towards the numerator set out in paragraph 1 , and require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels , including their life cycle greenhouse gas emissions , starting from their point of production to the fuel supplier that places the fuel on the market . ### the commission shall put in place a database enabling tracing of transport fuels , including electricity , that are eligible for counting towards the numerator set out in point of paragraph 1 . member states shall require fuel suppliers to enter in the database the total annual quantities of energy they supply to the transport sector as defined in denominator in point of paragraph 1 . suppliers of renewable energy in transport as defined in the numerator in point of paragraph 1 shall be required to enter information on the transactions made and the sustainability characteristics of the eligible fuels , including their life cycle greenhouse gas emissions , starting from their point of production to the fuel supplier that places the fuel on the market .


### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 . ### biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland or wetland in january 2008 .


### this directive establishes a common framework for the promotion of energy from renewable sources . it sets a binding union target for the overall share of energy from renewable sources in gross final consumption of energy in 2030 . it also lays down rules on financial support to electricity produced from renewable sources , self - consumption of renewable electricity , and renewable energy use in the heating and cooling and transport sectors , regional cooperation between member states and with third countries , guarantees of origin , administrative procedures and information and training . it establishes sustainability and greenhouse gas emissions saving criteria for biofuels , bioliquids and biomass fuels . ### this directive establishes a common framework for the promotion of energy from renewable sources . it sets mandatory union and national targets for the overall share of energy from renewable sources in gross final consumption of energy in 2030 . it also lays down rules on financial support to electricity produced from renewable sources , self - consumption of renewable electricity , and renewable energy use in the heating and cooling and transport sectors , regional cooperation between member states and with third countries , guarantees of origin , administrative procedures , and information and training , and access to the electricity grid for energy from renewable sources . it establishes sustainability and greenhouse gas emissions saving criteria for biofuels , bioliquids and biomass fuels .


### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems . ### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should only promote energy uses from sustainable mobilisation of waste and residue resources from timber and agriculture .


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


### the commission may establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6 , by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 . ### by 1 january 2020 , the commission shall establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6 , by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 .


### electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu . for the purposes of points and of paragraph 1 , this provision shall only apply to installations starting operation after [ 3 years from date of adoption of this directive ] . for the purposes of point of paragraph 1 , this provision is without prejudice to public support provided under schemes approved by [ 3 years after date of adoption of this directive ] . ### electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 1 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu achieving a conversion efficiency of at least 85 % and if it is produced without the use of fossil fuels . for the purposes of points and of paragraph 1 , this provision shall only apply to installations starting operation after 1 january 2021 . for the purposes of point of paragraph 1 , this provision is without prejudice to public support provided under schemes approved by [ date of adoption of this directive ] .


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