### without prejudice to the criteria for admission set out in article 5 , eu blue card holders may engage in self - employed activity in parallel to the activity in highly skilled employment . ### without prejudice to the criteria for admission set out in article 5 , eu blue card holders may engage in self - employed activity , under the same conditions as nationals and other eu citizens in the member state which issued the blue card , in parallel to the activity in highly skilled employment . any such activity shall be subsidiary to their employment under the eu blue card .


### recognition of diplomas , certificates and other professional qualifications in accordance with the relevant national procedures ; ### recognition of diplomas , certificates and other professional qualifications , including the non - formal acquisition of skills , in accordance with the relevant national procedures ;


### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 5 , 12 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary . ### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 5 , 12 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary . as part of its assessment the commission shall evaluate the applicability of similar schemes for labour migration to other employment sectors , in particular low and medium - wage sectors , and , where appropriate , may propose a comprehensive framework for labour migration applicable to all sectors , including for low and medium - skilled workers .


### directive 2012 / 27 / eu of the european parliament and of the council9 is an element to progress towards the energy union , under which energy efficiency should be treated as an energy source in its own right . the ' energy efficiency first ' principle should be taken into account when setting new rules for the supply side and other policy areas . the commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity . energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken . energy efficiency improvements need to be realised whenever it is more cost - effective than equivalent supply - side solutions . this should help to exploit the multiple benefits of energy efficiency for europe ' s society , in particular for citizens and businesses . __________________ 9 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec . ### directive 2012 / 27 / eu of the european parliament and of the council9 is an element to progress towards the energy union , under which energy efficiency should be treated as an energy source in its own right . the ' energy efficiency first ' principle should be taken into account when setting new rules for the supply side and other policy areas , and recognised by the financial institutions by providing dedicated funds and instruments . the commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity . energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken . energy efficiency improvements need to be realised whenever it is more cost - effective than equivalent supply - side solutions . this should help to exploit the multiple benefits of energy efficiency for europe ' s society , in particular for citizens and businesses . __________________ 9 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec .


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


### improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty . member states can already require obligated parties to include social aims in energy saving measures , in relation to energy poverty , and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to member states with regard to the size , scope and content of such measures . in line with article 9 of the treaty , the union ' s energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers . ### improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty , as well as vulnerable and marginalized groups such as roma people . member states can already require obligated parties to include social aims in energy saving measures , in relation to energy poverty , and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to member states with regard to the size , scope and content of such measures . in line with article 9 of the treaty , the union ' s energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers . to this end , energy poverty should be properly defined , member states objectives should be quantified , the implementation of measures monitored , and the schemes should be accompanied by adequate financial instruments .


### certain provisions of article 15 of directive 2012 / 27 / eu on energy transformation , transmission and distribution should be repealed . the review of the acquis in the energy field may result in member states ' obligations under the different energy related acts being structured differently . this restructuring should not affect member states ' obligation to comply with the substantive requirements of directive 2012 / 27 / eu which may be reintroduced , completely or partially , in other acts . ### certain provisions of article 15 of directive 2012 / 27 / eu on energy transformation , transmission and distribution should be aligned with the relevant electricity market provisions . the review of the acquis in the energy field may result in member states ' obligations under the different energy related acts being structured differently . this restructuring should not affect member states ' obligation to comply with the substantive requirements of directive 2012 / 27 / eu .


### member states shall decide how the calculated quantity of new savings is to be phased over each period referred to in points and as long as the required total cumulative savings have been achieved by the end of each period . ### member states shall decide how the calculated quantity of new savings is to be phased over each period referred to in points , , and as long as the required total cumulative savings have been achieved by the end of each period .


### member states shall demonstrate that where there is an overlap in the impact of policy measures or individual actions , there is no double counting of energy savings . ; ### member states shall calculate the savings in accordance with annex v and demonstrate in their national energy and climate plans that where there is an overlap in the impact of policy measures or individual actions , there is no double counting of energy savings .


### shall include requirements with a social aim in the saving obligations they impose , including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy poverty and in social housing ; ### shall include requirements with a social aim in the saving obligations they impose , including by requiring energy efficiency measures to be implemented as a priority in households affected by energy poverty and in social housing coupled with the necessary financial support via adequate financial instruments ;


### may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties including when obligated parties promote measures through other state - approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance . where member states so permit , they shall ensure that an approval process is in place which is clear , transparent and open to all market actors , and which aims at minimising the costs of certification ; ### shall permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties including when obligated parties promote measures through other state - approved bodies , such as social housing providers , or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance . where member states so permit , they shall ensure that an approval process is in place which is clear , transparent and open to all market actors , and which aims at minimising the costs of certification ;


### once a year , member states shall publish the energy savings achieved by each obligated party , or each sub - category of obligated party , and in total under the scheme . ### once a year , member states shall publish the energy savings achieved by each obligated party , or each sub - category of obligated party , and in total under the scheme . that report shall also include the contribution of deep decarbonisation of the economy on macro - economic development , and social development , and health risks and benefits and environmental protection . as part of the reporting obligations under 19 of the governance regulation [ ] , member states shall report on : the impact of these measures on consumer bills and living conditions national objectives with regard to energy poverty the number of households in energy poverty , with a particular focus on women and vulnerable groups the results of delivered measures and savings achieved from energy efficiency obligation schemes in households affected by energy poverty and in social housing , the indicators chosen and level of achievement of the social aim under point art 7a .


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


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


### the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated , participating or entrusted parties and / or implementing authorities . to determine what savings can be claimed as additional member states shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure in question . the baseline shall reflect at least the following factors : energy consumption trends , changes in consumer behaviour , technological progress and changes caused by other measures implemented at national and eu level ; ### the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated , participating or entrusted parties and / or implementing authorities . to determine what savings can be claimed as additional member states shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure and its resulting new individual actions in question . the baseline shall reflect at least the following factors : energy consumption trends , changes in consumer behaviour , technological progress and changes caused by other measures implemented at national and eu level ;


### the calculation of energy savings shall take into account the lifetime of measures . this may be done by counting the savings each individual action will achieve between its implementation date and 31 december 2020 or 31 december 2030 as appropriate . alternatively , member states may adopt another method that is estimated to achieve at least the same total quantity of savings . when using other methods , member states shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 december 2020 or 31 december 2030 as appropriate . member states shall describe in detail in their integrated national energy and climate plans under the energy union governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement . ### the calculation of energy savings shall take into account the lifetime of measures and the rate at which the savings effect declines over time . this shall be done by counting the savings each individual action will have achieved between its implementation date and at the end of the periods described in article 7 , § 1 . alternatively , member states may adopt another method that is estimated to achieve at least the same total quantity of savings . when using other methods , member states shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and the end of the periods described in article 7 , § 1 , as appropriate . member states shall describe in detail in their notification as part of their integrated national energy and climate plans in accordance with the annex ii of the energy union governance regulation , the lifetime of each individual action , the assumptions made by member states to estimate those lifetimes or the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement .


### the lifetimes of measures and how they are calculated or what they are based upon ; ### the lifetimes of measures and how they are calculated or what they are based upon as well as any other method adopted that is estimated to achieve at least the same total quantity of savings ;


### economic analysis : inventory of effects the economic analyses shall take into account all relevant economic effects . member states may assess and take into account in decision making costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks , including avoided costs and savings from reduced infrastructure investment , in the analysed scenarios . the costs and benefits taken into account shall include at least the following : benefits — value of output to the consumer — external benefits such as environmental and health benefits , to the extent possible costs — capital costs of plants and equipments — capital costs of the associated energy networks — variable and fixed operating costs — energy costs — environmental and health cost , to the extent possible ### annex ix , part i , point g is replaced by the following : economic analysis : inventory of effects the economic analyses shall take into account all relevant economic effects . member states shall assess and take into account in decision making costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks , including avoided costs and savings from reduced infrastructure investment , in the analysed scenarios . the costs and benefits taken into account shall include at least the following : benefits — value of output to the consumer — external benefits such as environmental , green - house gas emissions and health benefits — labour market effects , energy security , competitiveness costs — capital costs of plants and equipments — capital costs of the associated energy networks — variable and fixed operating costs — energy costs — environmental and health cost — labour market costs , energy security , competitiveness


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


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


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


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


### ' waste fishing gear ' means any fishing gear covered by the definition of waste in directive 2008 / 98 / ec , including all separate components , substances or materials that were part of or attached to such fishing gear when it was discarded ; ### ' waste fishing gear ' means any fishing gear covered by the definition of waste in directive 2008 / 98 / ec , including all separate components , substances or materials that were part of or attached to such fishing gear when it was discarded or lost ;


### the negative environmental impacts of littering or other inappropriate waste disposal of the products , or ### the negative environmental impacts of littering or other inappropriate waste disposal of the single use products , and


### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products . ### 2 . with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the total costs associated with the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products .


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


### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 5 , 6 , 7 and 8 when one of the following conditions is fulfilled : ### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 4 , 5 , 6 , 7 , 8 , 9 and 10 when one of the following conditions is fulfilled :


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


### the data referred to in point of the first subparagraph shall be updated annually within 12 months from the end of the reference year for which it is collected . where possible , spatial data services as defined in article 3 of directive 2007 / 2 / ec shall be used to present those data sets . ### the data referred to in point of the first subparagraph shall be updated annually within 6 months from the end of the reference year for which it is collected . where possible , spatial data services as defined in article 3 of directive 2007 / 2 / ec shall be used to present those data sets .


### the union is a contracting party to the united nations conventions on the law of the sea of 10 december 1982 16 and has ratified the 1995 united nations agreement on the implementation of the provisions of the united nations convention on the law of the sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 17 . these international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management of marine resources and to cooperate with each other to this end . __________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . 17 council decision 98 / 414 / ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention of the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks . ### the union is a contracting party to the united nations conventions on the law of the sea of 10 december 1982 16 and has ratified the 1995 united nations agreement on the implementation of the provisions of the united nations convention on the law of the sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 17 . these international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management and conservation of marine resources and to cooperate with each other to this end . __________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . 17 council decision 98 / 414 / ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention of the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks .


### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . the advisory opinion of 2 april 2015 of the international tribunal for the law of the sea , rendered in response to questions raised by the west africa subregional fisheries commission , confirmed that the union bears international responsibility before third countries and international organisations for the activities of its fishing vessels , and that such responsibility requires it to act with due diligence . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons and , more generally , to strengthen the ‘ blue’ economy , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag and coastal international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### the objective of the common fisheries policy , as set out in regulation no 1380 / 2013 of the european parliament and of the council 20 , is to ensure that fishing activities are environmentally , economically and socially sustainable and are managed consistently with the objectives of achieving economic , social and employment benefits , and that they are contributing to the availability of food supplies . __________________ 20 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013on the common fisheries policy . ### the objective of the common fisheries policy , as set out in regulation no 1380 / 2013 of the european parliament and of the council 20 , is to ensure that fishing activities are environmentally , economically and socially sustainable and are managed consistently with the objectives of achieving economic , social and employment benefits , and of restoring and maintaining fish stocks above levels which can produce maximum sustainable yield , and that they are contributing to the availability of food supplies . __________________ 20 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013on the common fisheries policy .


### regulation no 1380 / 2013 stresses the need to promote the objectives of the cfp internationally , ensuring that union fishing activities outside union waters are based on the same principles and standards as those applicable under union law , while promoting a level playing field for union operators and third - country operators . ### regulation no 1380 / 2013 stresses the need to promote the objectives of the cfp internationally , ensuring that union fishing activities outside union waters are based on the same principles and standards as those applicable under union law , while promoting a level playing field for union operators and third - country operators . social and environmental legislation adopted by third countries may differ from that of the union , creating different standards for fishing fleets . that situation could lead to authorisation for fishing activities inconsistent with the sustainable management of marine resources . it is therefore necessary to ensure consistency with environmental , fisheries , trade and development activities of the union , especially when it affects fisheries in developing countries with low administrative capacity and where the risk of corruption is high .


### council regulation no 1006 / 2008 was intended to establish common ground for authorising fishing activities to be carried out by union vessels outside union waters with a view to supporting the fight against iuu fishing and better control and monitoring of the eu fleet across the globe . ### council regulation no 1006 / 2008 was intended to establish common ground for authorising fishing activities to be carried out by union vessels outside union waters with a view to supporting the fight against iuu fishing and better control and monitoring of the eu fleet across the globe , as well as conditions for the authorising of third country vessels fishing in union waters .


### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time . ### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time . this is necessary to enable the commission to fulfil its obligations as guardian of the treaties .


### reflagging operations become an issue when their objective is to circumvent cfp rules or existing conservation and management measures . the union should therefore be able to define , detect and hamper such operations . traceability and proper follow - up of compliance history should be ensured throughout a vessel’s lifespan . the requirement that a unique vessel number be granted by the international maritime organisation should also serve this purpose . ### reflagging operations become an issue when their objective is to circumvent cfp rules or existing conservation and management measures . the union should therefore be able to define , detect and hamper such operations . traceability and proper follow - up of compliance history should be ensured throughout the lifespan of a vessel owned by a union operator regardless of the flag it operates under . the requirement that a unique vessel number be granted by the international maritime organisation should also serve this purpose .


### in third country waters , union vessels may operate either under the provisions of sustainable fisheries partnership agreements concluded between the union and third countries or by obtaining direct fishing authorisations from third countries if no sustainable fisheries partnership agreement is in force . in both cases these activities should be carried out in a transparent and sustainable way . this is why the flag member states should be empowered to authorise under a defined set of criteria and subject to monitoring , the vessels flying their flag to seek and obtain direct authorisations from third coastal states . the fishing activity should be authorised once the flag member state is satisfied that it will not undermine sustainability . unless the commission has any further objection , the operator who has been given the authorisation from both the flag member state and the coastal state should be allowed to start its fishing operation . ### in third country waters , union vessels may operate either under the provisions of sustainable fisheries partnership agreements concluded between the union and third countries or by obtaining direct fishing authorisations from third countries if no sustainable fisheries partnership agreement is in force . in both cases these activities should be carried out in a transparent and sustainable way . this is why the flag member states should be empowered to authorise under a defined set of criteria and subject to monitoring , the vessels flying their flag to seek and obtain direct authorisations from third coastal states . the fishing activity should be authorised once the flag member state is satisfied that it will not undermine sustainability . unless the commission has any further duly justified objection , the operator who has been given the authorisation from both the flag member state and the coastal state should be allowed to start its fishing operation .


### fishing activities under the auspices of regional fisheries management organisations and on the high seas should also be authorised by the flag member state and comply with regional fisheries management organisation specific rules or union legislation governing fishing activities on the high seas . ### fishing activities under the auspices of regional fisheries management organisations and unregulated fisheries on the high seas should also be authorised by the flag member state and comply with regional fisheries management organisation specific rules or union legislation governing fishing activities on the high seas .


### chartering arrangements may undermine the effectiveness of conservation and management measures , as well as have a negative impact on the sustainable exploitation of living marine resources . it is therefore necessary to set out a legal framework that helps the union to better monitor the activities of union chartered fishing vessels on the basis of what has been adopted by the relevant regional fisheries management organisation . ### chartering arrangements may undermine the effectiveness of conservation and management measures , as well as have a negative impact on the sustainable exploitation of living marine resources . it is therefore necessary to set out a legal framework that helps the union to better monitor the activities of fishing vessels flying a union flag and chartered by third country operators on the basis of what has been adopted by the relevant regional fisheries management organisation .


### ‘ fishing authorisation’ means an authorisation issued in respect of a union fishing vessel or third country fishing vessel , entitling it to carry out specific fishing activities during a specified period , in a given area or for a given fishery under specific conditions ; ### ‘ fishing authorisation’ means a fishing authorisation issued in respect of a union fishing vessel or third country fishing vessel , in addition to its fishing licence , entitling it to carry out specific fishing activities during a specified period , in a given area or for a given fishery under specific conditions ;


### the fishing vessel is not on any iuu list and / or the third country is not identified or listed as non - cooperating pursuant to council regulation 1005 / 2008 or as allowing non - sustainable fishing pursuant to regulation no 1026 / 2012 ; ### the fishing vessel is not on the iuu list of any third country or regional fisheries management organisation and / or the third country is not identified or listed as non - cooperating pursuant to council regulation 1005 / 2008 or as allowing non - sustainable fishing pursuant to regulation no 1026 / 2012 ;


### a flag member state shall not issue a fishing authorisation to a vessel that has been reflagged : ### a flag member state shall not issue a fishing authorisation to a vessel that has ever been reflagged :


### it did not engage in iuu fishing activities ; and that ### it did not engage in activities constituting iuu fishing in accordance with the criteria set out in article 3 of regulation no 1005 / 2008 ; and that


### started the relevant administrative procedures to remove the vessel from the third country’s fishing fleet register . ### immediately started the relevant administrative procedures to remove the vessel from the third country’s fishing fleet register .


### a union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an rfmo if this country is a contracting party or non - contracting cooperating party to that rfmo . ### a union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an rfmo if this country is a contracting party to that rfmo .


### when it is satisfied that the conditions in article 11 are met , the commission shall send the application to the third country . ### within a period of 10 days from receipt of the application , or , in the event that additional information was requested pursuant to paragraph 3 , 15 days from receipt of the application , the commission shall conduct a preliminary examination to determine whether the application fulfils the conditions set out in article 11 and , based on that examination , either notify the member state that the application is refused or send the application to the third country .


### if a third country informs the commission that it has decided to issue , refuse , suspend or withdraw a fishing authorisation for a union fishing vessel , the commission shall inform the flag member state accordingly . ### if a third country informs the commission that it has decided to issue , refuse , suspend or withdraw a fishing authorisation for a union fishing vessel , the commission shall immediately inform , by electronic means , the flag member state accordingly . the flag member state shall immediately transmit that information to the owner of the vessel .


### on the basis of the information provided by member states in accordance with paragraphs 4 or 5 , the commission shall reallocate the unused fishing opportunities on a temporary basis by applying the methodology set out in article 14 . ### on the basis of the information provided by member states in accordance with paragraphs 4 or 5 , the commission shall reallocate the unused fishing opportunities on a temporary basis by applying the methodology set out in article 14 . when reallocating the fishing opportunities , the commission shall , in accordance with article 17 of regulation no 1380 / 2013 , endeavour to provide incentives to fishing vessels of member states deploying selective fishing gear or using fishing techniques with reduced environmental impact , such as reduced energy consumption or habitat damage . the commission shall publish its justification for the reallocation .


### when laying down the reallocation methodology , the commission shall apply the following criteria : ### when laying down the reallocation methodology , the commission shall , in accordance with article 17 of regulation no 1380 / 2013 , apply the following transparent and objective criteria , taking into account environmental , social and economic factors :


### there is no sustainable fisheries partnership agreement in force with the relevant third country , or the sustainable fisheries partnership agreement in force provides expressly for the possibility of direct authorisations ; ### there is no sustainable fisheries partnership agreement in force with the relevant third country ;


### in the case that the fishing activities are to be carried out on species managed by a regional fisheries management organisation , the third country is a contracting party or a non - contracting cooperating party to that organisation . ### in the case that the fishing activities are to be carried out on species managed by a regional fisheries management organisation , the third country is a contracting party to that organisation .


### it has been included in the relevant register or list of the regional fisheries management organisation ; and ### it has been included in the relevant register or list of authorised vessels of the regional fisheries management organisation ; and


### a flag member state shall send the commission the list of vessels it has authorised for fishing activities under the auspices of a regional fisheries management organisation . ### a flag member state shall send the commission the list of active fishing vessels as defined in regulation 1380 / 2013 and that , wherever applicable , have an associated record of catches , it has authorised for fishing activities under the auspices of a regional fisheries management organisation .


### when it is satisfied that the conditions in article 22 are met , the commission shall send the list of authorised vessels to the regional fisheries management organisation . ### when it is satisfied that the conditions in article 22 are met , and within a period of 15 days , the commission shall send the list of authorised vessels to the regional fisheries management organisation .


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


### a union fishing vessel may not carry out fishing activities under chartering arrangements where a sustainable fisheries partnership agreement is in force , unless otherwise provided for in that agreement . ### a union fishing vessel may not carry out fishing activities under chartering arrangements where a sustainable fisheries partnership agreement is in force .


### a chartered union vessel may not use the fishing opportunities of its flag member state . the catches of a chartered vessel shall be counted against the fishing opportunities of the chartering state . ### a chartered union vessel may not use the fishing opportunities of its flag member state during the period of the charter . the catches of a chartered vessel shall be counted against the fishing opportunities of the chartering state .


### the chartering arrangement is specified in the fishing authorisation . ### the details of the chartering arrangement are specified in the fishing authorisation including time period , fishing opportunities and fishing zone .


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


### a flag member state shall assess the consistency of the data sent to the third country , as referred to in paragraph 1 , with the data it has received in accordance with regulation no 1224 / 2009 . ### a flag member state shall assess the consistency of the data sent to the third country , as referred to in paragraph 1 , with the data it has received in accordance with regulation no 1224 / 2009 . in the event of inconsistency of data , the member state shall investigate whether such inconsistency constitutes iuu fishing within the meaning of point of article 3 of regulation no 1005 / 2008 and take appropriate action , pursuant to articles 43 to 47 of that regulation .


### a third country fishing vessel may not engage in fishing activities in union waters unless it has been issued with a fishing authorisation by the commission . ### a third country fishing vessel may not engage in fishing activities in union waters unless it has been issued with a fishing authorisation by the commission . it shall only be issued with such an authorisation if it fulfils the eligibility criteria set out in article 5 .


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


### when the commission establishes that a third country has exceeded the quotas it has been allocated for a stock or group of stocks , the commission shall make deductions from the quotas allocated to that country for that stock or group of stocks in subsequent years . ### when the commission establishes that a third country has exceeded the quotas it has been allocated for a stock or group of stocks , the commission shall make deductions from the quotas allocated to that country for that stock or group of stocks in subsequent years . the amount of the reduction shall be consistent with article 105 of regulation 1224 / 2009 .


### the commission or the body designated by it may , in the framework of fisheries agreements concluded between the union and third countries , under the auspices of regional fisheries management organisations or similar fisheries organisations to which the union is a contracting party or a non - contracting cooperating party , communicate relevant information concerning non - compliance with the rules of this regulation , or serious infringements referred to in article 42 of regulation no 1005 / 2008 and in article 90 of regulation no 1224 / 2009 , to other parties to those agreements or organisations subject to the consent of the member state that supplied the information and in accordance with regulation no 45 / 2001 . ### the commission or the body designated by it may , in the framework of fisheries agreements concluded between the union and third countries , under the auspices of regional fisheries management organisations or similar fisheries organisations to which the union is a contracting party or a cooperating non - contracting party , communicate relevant information concerning non - compliance with the rules of this regulation , or serious infringements referred to in article 42 of regulation no 1005 / 2008 and in article 90 of regulation no 1224 / 2009 , to other parties to those agreements or organisations subject to the consent of the member state that supplied the information and in accordance with regulation no 45 / 2001 .


### the power to adopt delegated acts referred to in article 5 shall be conferred on the commission ### the power to adopt delegated acts referred to in article 5 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


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


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


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


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


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


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


### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross - border effect in the internal market . ### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , the fact that copyright terms by far exceed the average commercial availability of works , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for a mandatory exception with cross - border effect to facilitate the re - use of out - of - commerce works that are in the collections of cultural heritage institutions . in order to take account of the difference between the timespan of commercial availability of the vast majority of works and their much longer copyright protection terms , works or other subject matter that were first published at least 10 years ago should be deemed to be out of commerce .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers as well as bodies who use public money for the purchase of content need information to assess the economic value of rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration , including cases where subsequently these works are licensed to or these rights are transferred to third parties . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the regular sharing of information by their contractual counterparts , their successors in title or third parties to whom licences have been granted or rights have been transferred is important for the transparency and balance in the system that governs the remuneration of authors and performers .


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


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


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


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the union climate and energy targets for 2030 and beyond . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles .


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


### in order to maintain the diversity of the market for passenger cars and light commercial vehicles and its ability to cater for different consumer needs , co2 targets should be defined according to the utility of the vehicles on a linear basis . maintaining mass as the utility parameter is considered coherent with the existing regime . in order to better reflect the mass of vehicles used on the road , the parameter should be changed from mass in running order to the vehicle ' s test mass as specified in regulation 2017 / 1151 of 1 june 2017 with effect from 2025 . ### in order to allow for the environmental and other benefits of down - sizing and light weightings to be captured , co2 targets should not be differentiated by vehicle mass .


### in order to distribute the emission reduction effort in a competitively neutral and fair way that reflects the diversity of the market for passenger cars and light commercial vehicles , and in view of the change in 2021 to wltp - based specific emission targets , it is appropriate to determine the slope of the limit value curve on the basis of the specific emissions of all newly registered vehicles in that year , and to take into account the change in the eu fleet - wide targets between 2021 , 2025 and 2030 with a view to ensuring an equal reduction effort of all manufacturers . with regard to light commercial vehicles , the same approach as that for car manufacturers should apply to manufacturers of lighter , car derived , vans , while for manufacturers of vehicles falling within the heavier segments , a higher and fixed slope should be set for the whole target period . ### in order to distribute the emission reduction effort in a competitively neutral and fair way , an equal reduction effort of all manufacturers should be ensured .


### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes . ### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap downwards , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes .


### the commission may adjust the cap with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 . ### the commission may adjust the cap downwards with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 .


### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real world co2 emissions and energy consumption of passenger cars and light commercial vehicles . ### as an alternative to 1 . b above , manufacturers may use the averaged co2 emissions data from fuel consumption meters fitted to the passenger cars and light commercial vehicles , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real world co2 emissions and energy consumption of passenger cars and light commercial vehicles , and their publication .


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


### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . 1 for the period 2025 to 2029 and 6 . 2 . 2 for 2030 onwards ### specific emissions target2021 is the specific emissions target determined for each individual manufacturer in 2021 reduction factor is the reduction specified in point of article 1 6 . 3 . 1 . 2030 onwards specific emissions target2030 = specific emissions target2021


### from 2025 to 2029 ### 3 . 1 . 2025 to 2029


### specific emissions reference target is the specific emissions reference target for the manufacturer determined in accordance with point 6 . 2 . 1 ### specific emissions target2021 is the specific emissions target determined for each individual manufacturer in 2021 reduction factor is the reduction specified in point of article 1


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges , opportunities by boosting employment , growth and investments in rural areas , promoting social inclusion , reducing development gaps between areas , fighting and adapting to climate change , bringing research and innovation out of the laboratories and onto fields and markets . the communication also stresses the global dimension of the cap and states the union ' s commitment to enhance policy coherence for sustainable development . the cap should furthermore be reformed to address citizens ' concerns regarding sustainable agriculture production and its impact on third countries , in particular developing countries , ensuring that populations are provided with nutritious , safe and healthy food and to foster sustainable development and efficient management of natural resources such as water , soil and air to provide to the protection of biodiversity and preserve habitats and landscapes , in line with the union ' s international obligations and commitments including the 2030 agenda for sustainable development and the paris agreement on climate change .


### involving paying agencies that have been accredited by the member states is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant cap strategic plans will be reached by the interventions financed by the union ' s budget . it should , therefore , be explicitly provided in this regulation that only expenditure effected by accredited paying agencies can be reimbursed from the union ' s budget . in addition , the expenditure financed by the union for the interventions referred to in the cap strategic plan regulation should have a corresponding output regarding and should comply with the basic union requirements and the governance systems . ### involving paying agencies that have been accredited by the member states is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant cap strategic plans will be reached by the interventions financed by the union ' s budget . it should , therefore , be explicitly provided in this regulation that only expenditure effected by accredited paying agencies can be reimbursed from the union ' s budget . in addition , the expenditure financed by the union for the interventions referred to in the cap strategic plan regulation should have a corresponding output regarding and should comply with the basic union requirements and the governance systems . it should also serve to achieve the sustainable development goals . following the principles of sound financial management and for optimal use of the union’s financial resources , a wide range of stakeholders should be consulted on the planning and the allocation of union and national funds . such consultation should be organised both by the member states before defining their cap strategic plans and by the commission before validating national strategies . development partners should be included for issues related to pcd and impacts of the cap on developing country populations , particularly ldcs .


### having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market , it is necessary to organise cooperation among the member states . it is also necessary to set up a centralised documentation system at union level concerning undertakings established in third countries and which receive or make payments . ### having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market and respect for the eu’s policy coherence for development obligations , it is necessary to organise cooperation among the member states and between member states and third countries . it is also necessary to set up a centralised documentation system at union level concerning undertakings established in third countries and which receive or make payments . such a system should also contribute to the identification of incoherencies between the implementation of the cap and the objectives of the external policies of the union . it would contribute to monitoring achievement of the cap objectives as outlined in the strategic plans regulation [ . . . / . . . ] , by allowing evaluation of the impact of the aforementioned undertakings in third countries on the 2030 agenda for sustainable development and the union’s development objectives , as provided for in article 208 tfeu .