### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in articles 8 to 14 of directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community shipowners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide sevices to maritime transport within member states . _________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . ### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in articles 8 to 14 of directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community shipowners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . due to the critical nature of their activities and to security and notification requirements they have to comply with , the provisions shall not apply to public undertakings where their activities fall under rules governing operators of critical infrastructures including operators of essential services as defined in point of article 4 of directive 2016 / 1148 . _________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in articles 8 to 14 of directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community ship owners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . __________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . ### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community ship owners fulfilling public service obligations pursuant to regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . __________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### no sooner than four years after the date of transposition of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . __________________ 47 swd 0350 ### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . __________________ 47 swd 0350


### in order to set in place conditions supporting the re - use of documents which is associated with important socio - economic benefits having a particular high value for economy and society , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the adoption of a list of high - value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to set in place conditions supporting the re - use of documents which is associated with important civic or socio - economic benefits having a particular high value for economy and society , a list of categories of high value datasets is included in annex iia . the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of additions to the list of categories of datasets set out in annex iia , and the addition of specific high - value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making1a . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _______________ 1a oj l 123 , 12 . 5 . 2016 , p . 1


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to privacy , the protection of personal data , the right to property and the integration of persons with disabilities . nothing in this directive should be interpreted or implemented in a manner that is inconsistent with the european convention for the protection of human rights and fundamental freedoms . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to privacy , the protection of personal data , the freedom of expression and information , the right to property and the integration of persons with disabilities . nothing in this directive should be interpreted or implemented in a manner that is inconsistent with the european convention for the protection of human rights and fundamental freedoms .


### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data . ### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . high value datasets should be published via a single point of access to promote findability and facilitate access . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data .


### in some cases the re - use of documents will take place without a licence being agreed . in other cases a licence will be issued imposing conditions on the re - use by the licensee dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . standard licences that are available online may also play an important role in this respect . therefore member states should provide for the availability of standard licences . ### member states should ensure that the re - use of documents will take place without conditions . where necessary and justified by a public interest objective , member states may impose conditions , where appropriate through a licence , dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source , while guaranteeing that the least restrictive conditions or licensing terms apply , including the possibility of dedicating documents to the public domain . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . member states should in particular evaluate the compatibility of these obligations with the principle of proportionality to ensure that such licences or conditions do not unnecessarily restrict possibilities for re - use or competition . member states should also encourage the use of open standard licences for the re - use of public sector documents and ensure that such licences are available in digital format and can be processed electronically . open licences available online , which grant wider re - use rights without technological , financial or geographical limitations and relying on open data formats , should play an important role and should eventually become common practice across the union . the commission should provide guidance on recommended standard licences and licensing approaches .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online findability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . member states should enable applicants to request documents for re - use without having to state an interest . member states should guarantee that practical arrangements are defined for ensuring that the re - use of public - sector information can be exercised effectively , such as the designation of information officers , the establishment and maintenance of facilities for the examination of documents , registers or lists of documents held by public sector bodies or information points , with clear indications of where such documents can be found . the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations could therefore be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


### by way of exception , paragraph 1 shall not apply to the following : ### member states may decide not to apply paragraphs1and 1a to the following :


### an eu - wide list of datasets with a particular potential to generate socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . in the process leading to the establishment of the list , the commission should carry out appropriate consultations , including at expert level . the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . ### an eu - wide list of datasets with a particular potential to generate civic or socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . annex iia provides a list of categories of high value datasets which could be amended by a delegated act . the additional categories for the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . in the process leading to the identification of additional categories or datasets for the list , the commission should carry out an impact assessment and appropriate public consultations , including at expert level . for the purposes of the impact assessment , the commission should carry out public consultations with all interested parties , including public sector bodies , public undertakings , data re - users , research organisations , civil society groups and representative organisations . all interested parties should be given the possibility to submit suggestions to the commission for additional categories of high value datasets or concrete datasets .


### following the stakeholder consultation and in the light of the impact assessment30 results , the commission considered that action at union level was necessary in order to address the remaining and emerging barriers to a wide re - use of public sector and publicly - funded information across the union and to bring the legislative framework up to date with the advances in digital technologies , such as artificial intelligence and the internet of things . __________________ 30 swd 127 . ### following the stakeholder consultation and in the light of the impact assessment 30 results , the commission considered that action at union level was necessary in order to address the remaining and emerging barriers to a wide re - use of public sector and publicly - funded information across the union and to bring the legislative framework up to date with the advances in digital technologies , such as machine learning , artificial intelligence and the internet of things . __________________ 30 swd 127 .


### where making available documents immediately after collection would exceed the financial and technical capacities of the public sector body or the public undertaking , documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential . ### where making available documents immediately after collection in real - time and without delay would exceed the financial and technical capacities of the public sector body or the public undertaking , documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential . users shall be notified of the exact timeframe of making documents available and the frequency with which documents are updated .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy , which is based on the quantity , quality and accessibility of the information available and leads to better adaptation to consumer needs .


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to the exceptions laid down in this directive , such as national security or the protection of personal data , allowing member states to restrict or exclude certain documents from access . in the absence of harmonisation , procedures and modalities regarding access to public sector information remain within the competence of member states . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . although this directive does not set an obligation for public sector bodies to ensure the storage of a certain type of documents with a view to the re - use of such documents , member states should make all reasonable efforts to ensure that this does not unduly impair the exploitation of their economic potential .


### the re - use of high value datasets , the list of which shall be defined in accordance with article 13 , and of research data referred to in point of article 1 shall be free of charge for the user . ### the re - use of high value datasets , the list of which shall be defined in accordance with article 13 and annex iia , and of research data referred to in point of article 1 shall be free of charge for the user .


### moreover , without minimum harmonisation at community level , legislative activities at national level , which have already been initiated in a number of member states in order to respond to the technological challenges , might result in even more significant differences . the impact of such legislative differences and uncertainties will become more significant with the further development of the information society , which has already greatly increased cross - border exploitation of information . ### without minimum harmonisation at union level , legislative activities at national level , which have already been initiated in a number of member states in order to respond to the technological challenges , might result in even more significant differences . the impact of such legislative differences and uncertainties will become more significant with the further development of the information society , which has already greatly increased cross - border exploitation of information .


### public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks ; ### documents for which the public sector body concerned is required by national law to generate sufficient revenue to cover at least 60% of their costs relating to their collection , production , reproduction , dissemination and data storage .


### —the protection of national security , defence , or public security , ### —the protection of national security and defence , or public order , including sensitive critical infrastructure protection related information within the meaning of article 2 of directive 2008 / 114 / ec ,


### this directive should apply to documents that are made accessible for re - use when public sector bodies license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market . ### this directive should apply to documents that are made available for re - use when public sector bodies commission the production of or license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market .


### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . ### the selection of additional categories and high value datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant civic or socio - economic benefits , innovation , the number of users , especially small and medium - sized enterprises , the revenues they may help generate , and their potential for being combined with other datasets .


### where no time limits or other rules regulating the timely provision of documents have been established , public sector bodies shall process the request and shall deliver the documents for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it . ### where no time limits or other rules regulating the timely provision of documents have been established , public sector bodies shall process the request and shall deliver the documents for re - use to the applicant or , if a licence is needed for re - use , finalise the licence offer to the applicant as soon as possible or , at the latest , within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified as soon as possible , and in any case within three weeks after the initial request that more time is needed to process it and of the reasons for it .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### a wide range of practices in terms of charging for the re - use of documents persists not only between member states , but also between public sector bodies within the same member state . charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges or , where charges are necessary , they should in principle be limited to the marginal costs , as referred to in the commission ' s notice 2014 / c 240 / 01 . in exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover at least 60 % of the costs relating to the documents , falling within the scope of this directive should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction , dissemination and data storage , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover at least 60 % of the costs should be regularly reviewed by the member states .


### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in articles 8 to 14 of directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community ship owners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . __________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . ### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community ship owners fulfilling public service obligations pursuant to regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . __________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , environmental , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the society . therefore , member states and the public sector entities should be supported financially to make data easily available for re - use .


### the commission should carry out an evaluation of this directive . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201641 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . __________________ 41 oj l123 , 12 . 5 . 2016 , p1 . ### the commission should carry out an evaluation of this directive [ 36 months after its transposition ] . pursuant to the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 41 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . following the evaluation , the commission could , where necessary , present relevant proposals . __________________ 41 oj l123 , 12 . 5 . 2016 , p1 .


### in some cases the re - use of documents will take place without a licence being agreed . in other cases a licence will be issued imposing conditions on the re - use by the licensee dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . standard licences that are available online may also play an important role in this respect . therefore member states should provide for the availability of standard licences . ### member states should ensure that the re - use of documents will take place without conditions . where necessary and justified by a public interest objective , member states may impose conditions , where appropriate through a licence , dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source , while guaranteeing that the least restrictive conditions or licensing terms apply , including the possibility of dedicating documents to the public domain . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . member states should in particular evaluate the compatibility of these obligations with the principle of proportionality to ensure that such licences or conditions do not unnecessarily restrict possibilities for re - use or competition . member states should also encourage the use of open standard licences for the re - use of public sector documents and ensure that such licences are available in digital format and can be processed electronically . open licences available online , which grant wider re - use rights without technological , financial or geographical limitations and relying on open data formats , should play an important role and should eventually become common practice across the union . the commission should provide guidance on recommended standard licences and licensing approaches .


### proposal for a directive of the european parliament and of the council on the re - use of public sector information ### proposal for a directive of the european parliament and of the council on open data and the re - use of public sector information


### in order to set in place conditions supporting the re - use of documents which is associated with important socio - economic benefits having a particular high value for economy and society , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the adoption of a list of high - value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to set in place conditions supporting the re - use of documents which is associated with important civic or socio - economic benefits having a particular high value for economy and society , a list of categories of high value datasets is included in annex iia . the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of additions to the list of categories of datasets set out in annex iia , and the addition of specific high - value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making1a . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _______________ 1a oj l 123 , 12 . 5 . 2016 , p . 1


### if documents are re - used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks , the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . ### member states shall guarantee fair competition between public sector bodies and public undertakings , and other users in cases where documents are re - used by those public sector bodies or public undertakings as input for its commercial activities which fall outside the scope of their public tasks , by ensuring that the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . 3 . member states shall ensure in the same way that re - use of documents and information of public undertakings does not lead to distortion of fair competition .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### charges for the access to and re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for access to and re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states .


### public sector bodies shall , through electronic means where possible and appropriate , process requests for re - use and shall make the document available for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a reasonable time that is consistent with the time - frames laid down for the processing of requests for access to documents . ### public sector bodies shall , through electronic means where possible and appropriate , process requests for access to documents or for their re - use and shall make the document available for re - use to the applicant or , if a licence is needed for re - use , finalise the licence offer to the applicant within a reasonable time that is consistent with the time - frames laid down for the processing of requests for access to documents .


### a delegated act adopted pursuant to article 13 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 5a and 13 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or of the council .


### ' high value datasets ' means documents the re - use of which is associated with important socio - economic benefits , notably because of their suitability for the creation of value - added services and applications , and the number of potential beneficiaries of the value - added services and applications based on these datasets ; ### ' high value datasets ' means documents the re - use of which is associated with important civic or socio - economic benefits , notably because of their suitability for the creation of value - added services and applications , and the number of potential beneficiaries of the value - added services and applications based on these datasets ;


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### member states shall ensure that the high value datasets , listed in annex iia are available for free , machine - readable and accessible for download , and , where appropriate , via interoperable apis . the conditions for re - use shall be compatible with open standard licences . the commission shall be empowered to adopt delegated acts in accordance with article 14 in order to extend the list of categories of high value datasets in annex iia and in particular to further specify the datasets from these categories , among the documents to which this directive applies , together with the conditions and modalities of their publication and re - use .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### member states should ensure the creation of data based on the principle of “open by design and by default” , with regard to all documents falling in the scope of this directive , while ensuring a consistent level of protection of public interest objectives , such as public security or personal data protection , including where sensitive information related to critical infrastructures are concerned or where information in an individual dataset may not present a risk of identifying a natural person , but when combined with other available information , could entail such risk . open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at national , regional and local level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### the right for the maker of a database provided for in article 7 of directive 96 / 9 / ec shall not be exercised by public sector bodies in order to prevent or restrict the re - use of documents pursuant to this directive . ### the right for the maker of a database provided for in article 7 of directive 96 / 9 / ec shall not be exercised in order to prevent or restrict the re - use of documents pursuant to this directive .


### the right for the maker of a database provided for in article 7 of directive 96 / 9 / ec shall not be exercised by public sector bodies in order to prevent or restrict the re - use of documents pursuant to this directive . ### public sector bodies and public undertakings shall not be able to hold the right for the maker of a database provided for in article7 of directive 96 / 9 / ec .


### on the basis of this directive , public sector bodies and public undertakings cannot be required to continue the production and storage of a certain type of documents with a view to the re - use of such documents by a private or public sector organisation . ### public sector bodies and public undertakings shall not be required to continue the production and storage of a certain type of documents with a view to the re - use of such documents by a private or public sector organisation .


### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### tools that help potential re - users to find documents available for access and re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . such practical arrangements can include assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists .


### re - use of documents may be allowed without or with conditions , where appropriate through a licence . those conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition . ### member states shall not make the re - use of documents subject to conditions or a licence , unless the need for such conditions or a licence is non - discriminatory , justified by a public interest objective and proportionate .


### ensuring that the conditions for re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress . ### ensuring that the conditions for access to and re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the access to and re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for access to and re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress .


### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states may also provide that workers are treated in a separate class of their own . ### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states shall also provide that workers are treated in a separate class of their own .


### paragraph 2 shall not apply to workers ' outstanding claims except if and to the extent that member states ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing directive 2008 / 94 / ec . ### paragraph 2 shall not apply to workers ' outstanding claims .


### this directive shall be without prejudice to the following acts : ### the provisions of the following acts shall prevail over this directive :


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states shall derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall authorise a judicial or administrative authority to defer the opening of insolvency procedure and to keep in place the benefit of the stay of individual enforcement actions in order to examine the prospects for achieving an agreement on a successful restructuring plan within the period of the stay .


### without prejudice to article 20 , the management authorities of the member states shall , one year before each meeting of the conference of the parties to the convention , communicate to the commission all the information relating to the relevant preceding period required for drawing up the reports referred to in article viii . 7 of the convention and equivalent information on the provisions of this regulation that fall outside the scope of the convention . the information to be communicated and the format for its presentation shall be specified by the commission in accordance with the regulatory procedure referred to in article 18 . ### without prejudice to article 20 , the management authorities of the member states shall , one year before each meeting of the conference of the parties to the convention , communicate to the commission all the information relating to the relevant preceding period required for drawing up the reports referred to in article viii . 7 of the convention and equivalent information on the provisions of this regulation that fall outside the scope of the convention . the format for its presentation shall be specified by the commission in accordance with the examination procedure referred to in article 18 .


### by 3 december 2015 and every six years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation , including in preventing illegally harvested timber or timber products derived from such timber being placed on the market . it shall in particular consider the administrative consequences for small and medium - sized enterprises and product coverage . the commission shall report to the european parliament and to the council on the results of the review and accompany such reports , if necessary , by appropriate legislative proposals . ### by 3 december 2015 and every five years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation , including in preventing illegally harvested timber or timber products derived from such timber being placed on the market . it shall in particular consider the administrative consequences for small and medium - sized enterprises and product coverage . the commission shall report to the european parliament and to the council on the results of the review and accompany such reports , if necessary , by appropriate legislative proposals .


### the information referred to in article 18 shall refer to emissions , events or incidents causing environmental damage or imminent threat of damage , with the following information and data for each instance : ### the information referred to in article 18 shall include a list of emissions , events or incidents causing environmental damage or imminent threat of damage , with the following information and data for each instance :


### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements : ### the commission shall , no later than 1 january 2020 and at least every five years thereafter , carry out an evaluation of this directive and of its implementation . the evaluation shall be based , inter alia , on the following elements :


### the member states shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in annex vi are sent to the commission within six months of the dates laid down in articles 7 and 8 respectively . for that purpose , member states shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in article 13 . in case a member state wants to update information , it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository . ### the member states shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in annex vi are sent to the commission within six months of the dates laid down in articles 7 and 8 respectively . for that purpose , member states shall only report the information electronically to a mandatory data repository . in case a member state wants to update information , it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository .


### by december 2021 and every 6 years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in doing so it should take into account the progress on implementation of the voluntary partnership agreements . the commission shall report to the european parliament and to the council on the result of the review and accompany such reports where appropriate , by proposals for improvement of the flegt licensing scheme . ### by december 2021 and every three years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in doing so it should take into account the progress on implementation of the voluntary partnership agreements . the commission shall report to the european parliament and to the council on the result of the review and accompany such reports where appropriate , by proposals for improvement of the flegt licensing scheme .


### the member states shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in annex vi are sent to the commission within six months of the dates laid down in articles 7 and 8 respectively . for that purpose , member states shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in article 13 . in case a member state wants to update information , it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository . ### the member states shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in annex vi are sent to the commission within six months of the dates laid down in articles 7 and 8 respectively . for that purpose , member states shall only report the information electronically to the data repository . in case a member state wants to update information , it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository . the commission shall adopt delegated acts in accordance with article 10a to supplement this directive concerning the setting up of the data repository .


### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements : ### the commission shall , no later than 1 january 2021 and at least every five years thereafter , carry out an evaluation of this directive and of its implementation . the evaluation shall be based , inter alia , on the following elements :


### the commission shall establish a common format and information content for submitting the information referred to in paragraphs 1 , 2 and 3 in accordance with the regulatory procedure referred to in article 56 . ### the commission shall establish a common format and information content for submitting the information referred to in paragraphs 1 , 2 and 3 in accordance with the examination procedure referred to in article 56 .


### the translation services required for the functioning of the agency shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the agency may be provided by the translation centre of the bodies of the european union or other providers .


### the objective of the agency shall be to assist the commission in shaping and implementing vocational education and training and skills and qualifications policies . to this end the agency shall provide evidence and services for policy making and knowledge sharing amongst and between union and national actors , in particular governments and social partners . ### the objective of the agency shall be to assist the eu institutions in shaping and implementing vocational education and training and skills and qualifications policies . to this end the agency shall provide independent evidence , services and support for policy making and knowledge sharing amongst and between union and national actors , in particular governments and organisations representing participants to vocational training including social partners . in its activities the centre shall take into account the links which exist between vocational training and the other branches of education and training .


### the executive director shall manage the agency . the executive director shall be accountable to the management board . ### the executive director shall manage the agency . the executive director shall be accountable to the management board . the executive director shall exercise , with respect to the staff of the agency , the powers conferred by the staff regulations on the appointing authority and by the conditions of employment of other servants on the authority empowered to conclude a contract of employment .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , national or international , public authorities and educational institutions and with workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european training foundation , eurofound and eu - osha . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , national or international , public authorities and educational institutions and with workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european training foundation , eurofound and eu - osha . where efficient and effective , synergetic and complementary , it shall seek to cooperate with international actors working on vocational education and training .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . such additional requirements would bear the risk of going against the purpose of the exceptions provided by the present directive , and against the purpose of facilitating the cross - border exchange of special format copies within the single market .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . ### no later than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### cluster ' inclusive and secure society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , and promoting socio - economic transformations that contribute to inclusion and growth , while responding to the challenges arising from persistent security threats , including cybercrime , as well as natural and man - made disasters . ### cluster ' inclusive educated and creative society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , supporting in particular research and innovation activities for the development of ict technologies for the preservation and digitisation of tangible and intangible cultural heritage as well , exploring the potential of cultural and creative sectors and promoting socio - economic transformations that contribute to inclusion and growth , including migration management and integration of migrants .


### eur 2 800 000 000 for cluster ' inclusive and secure society ' ; ### eur 3 300 000 000 for cluster ' inclusive , educated and creative society ' ;


### the programme shall ensure the effective promotion of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups . ### the programme shall ensure the effective promotion of gender equality , inter alia through enabling a better family / work life balance , and the gender dimension in research and innovation content . particular attention shall be paid to ensuring accessibility and gender balance , subject to the situation in the field of research and innovation concerned , across the various parts of the programme , and notably in evaluation panels and in bodies such as expert groups .


### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area . ### to deliver scientific , economic , cultural and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry whilst achieving the goal of establishing a more inclusive , educated , creative and secure and society , to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area .


### cluster ' inclusive and secure society ' ; ### cluster ' inclusive , educated and creative society ' ;


### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and security ; cybersecurity ### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; cultural and creative industries and sectors ; accessibility for persons with disabilities to all products and services


### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle . ### the activities developed under the programme should aim at eliminating gender inequalities , enhancing family / work life balance , promoting equality between women and men in , as well as ensuring accessibility of researchers with disabilities to , research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . these dimensions should be adequately integrated in research and innovation content and followed through at all stages of the research cycle .


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission is empowered to adopt delegated acts in accordance with article 16 to supplement this regulation by establishing the appropriate work programme .


### a delegated act adopted pursuant to article 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 13 and 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the delegation of power referred to in article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 13 and 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the power to adopt delegated acts referred to in article 14 shall be conferred on the commission until 31 december 2027 . ### the power to adopt delegated acts referred to in articles 13 and 14 shall be conferred on the commission until 31 december 2027 .


### council framework decision 2001 / 413 / jha44 needs to be updated and complemented by further provisions on offences , penalties and cross - border cooperation . _________________ 44 council framework decision 2001 / 413 / jha of 28 may 2001 on combating fraud and counterfeiting of non - cash means of payment . ### council framework decision 2001 / 413 / jha44 needs to be updated and complemented by further provisions on offences , penalties , cross - border cooperation , prevention and assistance to victims . _________________ 44 council framework decision 2001 / 413 / jha of 28 may 2001 on combating fraud and counterfeiting of non - cash means of payment .


### member states shall take the necessary measures to encourage financial institutions and other legal persons operating in their territory to report without undue delay suspected fraud to law enforcement and other competent authorities , for the purpose of detecting , preventing , investigating or prosecuting offences referred to in articles 3 to 7 . ### member states shall take the necessary measures to ensure that financial institutions and other legal persons operating in their territory report without undue delay suspected fraud to law enforcement and other competent authorities , for the purpose of detecting , preventing , investigating or prosecuting offences referred to in articles 3 to 7 .


### possession , procurement for use , import , export , sale , transport , distribution or otherwise making available of a stolen or otherwise unlawfully appropriated , or of a counterfeited or falsified payment instrument in order for it to be used fraudulently . ### procurement for use , import , export , sale , transport , distribution or otherwise making available of a stolen or otherwise unlawfully appropriated , or of a counterfeited or falsified payment instrument in order for it to be used fraudulently .


### effective and efficient criminal law measures are essential to protect non - cash means of payment against fraud and counterfeiting . in particular , a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment . behaviour such as the collection and possession of payment instruments with the intention to commit fraud , through , for instance , phishing or skimming , and their distribution , for example by selling credit card information on the internet , should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment . so such criminal conduct should also cover circumstances where possession , procurement or distribution does not necessarily lead to fraudulent use of such payment instruments , if the offender is aware of such a possibility . this directive does not sanction the legitimate use of a payment instrument , including and in relation to the provision of innovative payment services , such as services commonly developed by fintech companies . ### effective and efficient criminal law measures are essential to protect non - cash means of payment against fraud and counterfeiting . in particular , a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment . behaviour such as the collection of payment instruments with the intention to commit fraud , through , for instance , phishing or skimming , and their distribution , for example by selling credit card information on the internet , should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment . so such criminal conduct should also cover circumstances where procurement or distribution does not necessarily lead to fraudulent use of such payment instruments , if the offender is aware of such a possibility . this directive does not sanction the legitimate use of a payment instrument , including and in relation to the provision of innovative payment services , such as services commonly developed by fintech companies .


### in many cases , criminal activities underlie incidents that should be notified to the relevant national competent authorities under directive 2016 / 1148 of the european parliament and the council46 . such incidents may be suspected to be of criminal nature even if the evidence of a criminal offence is not sufficiently clear from the outset . in this context , relevant operators of essential services and digital service providers should be encouraged to share the reports required under directive 2016 / 1148 with law enforcement authorities so as to form an effective and comprehensive response and to facilitate attribution and accountability by the perpetrators for their actions . in particular , promoting a safe , secure and more resilient environment requires systematic reporting of incidents of a suspected serious criminal nature to law enforcement authorities . moreover , when relevant , computer security incident response teams designated under article 9 of directive 2016 / 1148 should be involved in law enforcement investigations with a view to providing information , as considered appropriate at national level , and also providing specialist expertise on information systems . __________________ 46 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### in many cases , criminal activities underlie incidents that should be notified to the relevant national competent authorities under directive 2016 / 1148 of the european parliament and the council46 . such incidents may be suspected to be of criminal nature even if the evidence of a criminal offence is not sufficiently clear from the outset . in this context , relevant operators of essential services and digital service providers should share the reports required under directive 2016 / 1148 with law enforcement authorities so as to form an effective and comprehensive response and to facilitate attribution and accountability by the perpetrators for their actions . in particular , promoting a safe , secure and more resilient environment requires systematic reporting of incidents of a suspected serious criminal nature to law enforcement authorities . moreover , when relevant , computer security incident response teams designated under article 9 of directive 2016 / 1148 should be involved in law enforcement investigations with a view to providing information , as considered appropriate at national level , and also providing specialist expertise on information systems . __________________ 46 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of fraud and counterfeiting of non - cash means of payment . ### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of fraud and counterfeiting of non - cash means of payment . it also aims to facilitate the prevention of such offences , to assist and support victims and to improve cooperation between judicial and other competent authorities .


### the commission shall , by [ 96 months after entry into force ] , carry out an evaluation of this directive on combating fraud and counterfeiting of non - cash means of payment and submit a report to the european parliament and to the council . ### the commission shall regularly , by [ 48 months after entry into force ] and every 48 months thereafter , carry out an evaluation of this directive on combating fraud and counterfeiting of non - cash means of payment , as well as its impact on fundamental rights , and submit a report to the european parliament and to the council .


### the commission shall , by [ 96 months after entry into force ] , carry out an evaluation of this directive on combating fraud and counterfeiting of non - cash means of payment and submit a report to the european parliament and to the council . ### the commission shall , by [ 48 months after entry into force ] , carry out an evaluation of this directive on combating fraud and counterfeiting of non - cash means of payment and submit a report to the european parliament and to the council .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 24 months after entry into force ] . they shall immediately inform the commission thereof . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 12 months after entry into force ] . they shall immediately inform the commission thereof .


### the members of the administrative board shall undertake to act independently and objectively in the public interest for that purpose , each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence . those declarations shall be made public annually . ### the members of the administrative board shall undertake to act independently and objectively in the sole interest of the union as a whole and shall neither seek nor take instructions from the union institutions or bodies , from any government of a member state or from any other public or private body . for that purpose , each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence . those declarations shall be made public annually .


### the agency’s host member state should provide the best possible conditions to ensure the smooth and efficient functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections . ### the seat agreement between the government of the republic of slovenia and the agency for the cooperation of energy regulators was concluded on 26 november 2010 and entered into force on 10 january 2011 . it is considered that the seat agreement and other specific arrangements fulfil the requirements of regulations no 713 / 2009 and 863 / 2016 .


### the director shall be appointed by the administrative board following a favourable opinion of the board of regulators , on the basis of merit as well as skills and experience relevant to the energy sector , from a list of at least three candidates proposed by the commission , following an open and transparent selection procedure . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . for the purpose of concluding the contract with the director , the agency shall be represented by the chairman of the administrative board ### the director shall be appointed by the administrative board following a favourable opinion of the board of regulators and after confirmation by the european parliament , on the basis of merit as well as skills and experience relevant to the energy sector , from a list of at least three candidates proposed by the commission , following an open and transparent selection procedure . before appointment , the candidate selected by the administrative board shall be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . for the purpose of concluding the contract with the director , the agency shall be represented by the chairman of the administrative board


### take individual decisions in the specific cases referred to in articles 6 , 8 , and 11 of this regulation , ### take individual decisions in the specific cases referred to in articles 4 , 4a , 6 , 8 , 11 and 16 of this regulation ,


### issue opinions and recommendations addressed to transmission system operators , regional operational centres and nominated electricity market operators ; ### issue opinions and recommendations addressed to transmission system operators , the entso for electricity , the entso for gas , the eu dso entity , regional operational centres and nominated electricity market operators ;


### novel foods are subject to the general labelling requirements laid down in regulation no 1169 / 2011 of the european parliament and of the council on the provision of food information to consumers and other relevant labelling requirements in union food law . in certain cases it may be necessary to provide for additional labelling information , in particular regarding the description of the food , its source or its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food . ### novel foods are subject to the general labelling requirements laid down in regulation no 1169 / 2011 of the european parliament and of the council on the provision of food information to consumers and other relevant labelling requirements in union food law . additional labelling information should be included , in particular regarding the description of the food , its source or its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food .


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


### electricity generation from renewable sources should be deployed at the lowest possible cost for consumers and taxpayers . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost of deployment , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies . ### electricity generation from renewable sources should be deployed so as to minimise the long - term cost of the energy - transition for consumers and taxpayers . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost along the transition , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies . to this end member states should retain the right to choose which renewable technology it wishes to promote through support schemes and to apply technology - specific tenders , in order to take account of the different maturity of renewable technologies as well as ensuring regional and technology diversification , efficient system planning and grid integration as well as the longer - term potential of new and innovative technologies and environmental constraints .


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


### to determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question may be used . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### to determine the share of renewable electricity for the purposes of paragraph 1 , the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question shall be used .