### “article 5 exemplary role of public bodies’ buildings without prejudice to article 7 of directive 2010 / 31 / eu , each member state shall ensure that , as from 1 january 2014 , 3 % of the total floor area of heated and / or cooled buildings owned and occupied by its central government is renovated each year to meet at least the minimum energy performance requirements that it has set in application of article 4 of directive 2010 / 31 / eu . the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m 2 owned and occupied by the central government of the member state concerned that , on 1 january of each year , do not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . that threshold shall be lowered to 250 m 2 as of 9 july 2015 . where a member state requires that the obligation to renovate each year 3 % of the total floor area extends to floor area owned and occupied by administrative departments at a level below central government , the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m 2 and , as of 9 july 2015 , over 250 m 2 owned and occupied by central government and by these administrative departments of the member state concerned that , on 1 january of each year , do not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . when implementing measures for the comprehensive renovation of central government buildings in accordance with the first subparagraph , member states may choose to consider the building as a whole , including the building envelope , equipment , operation and maintenance . member states shall require that central government buildings with the poorest energy performance be a priority for energy efficiency measures , where cost - effective and technically feasible . 2 . member states may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings : buildings officially protected as part of a designated environment , or because of their special architectural or historical merit , in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance ; buildings owned by the armed forces or central government and serving national defence purposes , apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities ; buildings used as places of worship and for religious activities . 3 . if a member state renovates more than 3 % of the total floor area of central government buildings in a given year , it may count the excess towards the annual renovation rate of any of the three previous or following years . 4 . member states may count towards the annual renovation rate of central government buildings new buildings occupied and owned as replacements for specific central government buildings demolished in any of the two previous years , or buildings that have been sold , demolished or taken out of use in any of the two previous years due to more intensive use of other buildings . 5 . for the purposes of paragraph 1 , by 31 december 2013 , member states shall establish and make publicly available an inventory of heated and / or cooled central government buildings with a total useful floor area over 500 m 2 and , as of 9 july 2015 , over 250 m 2 , excluding buildings exempted on the basis of paragraph 2 . the inventory shall contain the following data : the floor area in m 2 ; and the energy performance of each building or relevant energy data . 6 . without prejudice to article 7 of directive 2010 / 31 / eu , member states may opt for an alternative approach to paragraphs 1 to 5 of this article , whereby they take other cost - effective measures , including deep renovations and measures for behavioural change of occupants , to achieve , by 2020 , an amount of energy savings in eligible buildings owned and occupied by their central government that is at least equivalent to that required in paragraph 1 , reported on an annual basis . for the purpose of the alternative approach , member states may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central government buildings before and after renovation and according to estimates of the surface of their stock . the categories of reference central government buildings shall be representative of the stock of such buildings . member states opting for the alternative approach shall notify to the commission , by 31 december 2013 , the alternative measures that they plan to adopt , showing how they would achieve an equivalent improvement in the energy performance of the buildings within the central government estate . 7 . member states shall encourage public bodies , including at regional and local level , and social housing bodies governed by public law , with due regard for their respective competences and administrative set - up , to : adopt an energy efficiency plan , freestanding or as part of a broader climate or environmental plan , containing specific energy saving and efficiency objectives and actions , with a view to following the exemplary role of central government buildings laid down in paragraphs 1 , 5 and 6 ; put in place an energy management system , including energy audits , as part of the implementation of their plan ; use , where appropriate , energy service companies , and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term . ### article 5 is replaced by the following : “article 5 exemplary role of public bodies’ buildings without prejudice to article 7 of directive 2010 / 31 / eu , each member state shall ensure that , as from 1 january 2014 , 3 % of the total floor area of heated and / or cooled buildings owned and occupied by public authorities is renovated each year to meet at least the minimum energy performance requirements that it has set in application of article 4 of directive 2010 / 31 / eu . the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned and occupied by the public authorities of the member state concerned that , on 1 january of each year , do not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . when implementing measures for the comprehensive renovation of public authority buildings in accordance with the first subparagraph , member states may choose to consider the building as a whole , including the building envelope , equipment , operation and maintenance . member states shall require that public authority buildings with the poorest energy performance be a priority for energy efficiency measures , where cost - effective and technically feasible . 2 . member states may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings : buildings officially protected as part of a designated environment , or because of their special architectural or historical merit , in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance ; buildings owned by the armed forces or central government and serving national defence purposes , apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities ; buildings used as places of worship and for religious activities . 3 . if a member state renovates more than 3 % of the total floor area of public authorities ' buildings in a given year , it may count the excess towards the annual renovation rate of any of the three previous or following years . 4 . member states may count towards the annual renovation rate of public authority buildings new buildings occupied and owned as replacements for specific public authority buildings demolished in any of the two previous years , or buildings that have been sold , demolished or taken out of use in any of the two previous years due to more intensive use of other building . 5 . for the purposes of paragraph 1 , by 31 december 2013 , member states shall establish and make publicly available an inventory of heated and / or cooled public authority buildings with a total useful floor area over 250 m 2 , excluding buildings exempted on the basis of paragraph 2 . the inventory shall contain the following data : the floor area in m2 ; and the energy performance of each building or relevant energy data . 6 . without prejudice to article 7 of directive 2010 / 31 / eu , member states may opt for an alternative approach to paragraphs 1 to 5 of this article , whereby they take other cost - effective measures , including deep renovations and measures for behavioural change of occupants , to achieve , by 2030 , an amount of energy savings in eligible buildings owned and occupied by their public authorities that is at least equivalent to that required in paragraph 1 , reported on an annual basis . for the purpose of the alternative approach , member states may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference public authorities ' buildings before and after renovation and according to estimates of the surface of their stock . the categories of reference public authority buildings shall be representative of the stock of such buildings . member states opting for the alternative approach shall notify to the commission , by [ xxxx ] , the alternative measures that they plan to adopt , showing how they would achieve an equivalent improvement in the energy performance of the buildings within the public authority estate . 7 . member states shall encourage public bodies , including at regional and local level , and social housing bodies governed by public law , with due regard for their respective competences and administrative set - up to : adopt an energy efficiency plan , freestanding or as part of a broader climate or environmental plan , containing specific energy saving and efficiency objectives and actions , with a view to following the exemplary role of public authority buildings laid down in paragraphs 1 , 5 and 6 ; put in place an energy management system , including energy audits , as part of the implementation of their plan ; use , where appropriate , energy service companies , and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term . ”


### shall include requirements with a social aim in the saving obligations they impose , including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy poverty and in social housing ; ### shall include and make public requirements with a social aim in the saving obligations they impose , including by requiring a significant share of energy efficiency measures to be implemented as a priority in low - income households at risk of energy poverty or in social housing ;


### in designing alternative policy measures to achieve energy savings , member states shall take into account the effect on households affected by energy poverty . ### in designing alternative policy measures to achieve energy savings , member states shall take into account the effect on households affected by energy poverty and ensure a significant share of such measures are implemented in low - income households at risk of energy poverty or in social housing . those measures shall be made public .


### enterprises that are not smes and that are implementing an energy or environmental management system - certified by an independent body according to the relevant european or international standards - shall be exempted from the requirements of paragraph 4 , provided that member states ensure that the management system concerned includes an energy audit on the basis of the minimum criteria based on annex vi . ### in article 8 , paragraph 6 is replaced by the following : “6 . enterprises that are not smes and enterprises that are smes with high energy consumption per employee or per turnover and that are implementing an energy or environmental management system - certified by an independent body according to the relevant european or international standards - shall be exempted from the requirements of paragraph 4 , provided that member states ensure that the management system concerned includes an energy audit on the basis of the minimum criteria based on annex vi . ”


### where heating and cooling or hot water are supplied to a building from a central source servicing multiple buildings or from district heating and cooling network , a heat or hot water meter shall always be installed at the heat exchanger or point of delivery . ### where heating , cooling or hot water are supplied to a building from a central source servicing multiple buildings or from a district heating or cooling network , a meter shall always be installed at the heat exchanger or point of delivery .


### in multi - apartment and multi - purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems , individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit . ### in multi - apartment and multi - purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems , individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit where technically feasible , cost effective and proportionate in relation to the potential energy savings .


### for the purposes of this article , as of 1 january 2020 meters and cost allocators installed shall be remotely readable devices . ### for the purposes of this article , as of 1 january 2020 meters and cost allocators installed shall be remotely readable devices . the conditions regarding technical feasibility , cost effectiveness and proportionality set out in the first and second subparagraphs of paragraph 2 shall continue to apply .


### this regulation lays down a financial envelope for the period 2018 - 2020 which is to constitute the prime reference amount , within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management23 , for the european parliament and the council during the annual budgetary procedure . the prime reference amount includes redeployments from the erasmus + programme and from the employment and social innovation programme for the financial years 2018 , 2019 and 2020 , and it is complemented by contributions from several union programmes under different headings , such as the european social fund , the union civil protection mechanism , the life programme and the european agricultural fund for rural development . _________________ 23 interinstitutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management , oj c 373 , 20 . 12 . 2013 , p . 1 . ### this regulation lays down a financial envelope for the period 2018 - 2020 which is to constitute the prime reference amount , within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management23 , for the european parliament and the council during the annual budgetary procedure . with the exception of redeployments , the prime reference amount should be financed through the use of all financial means available under council regulation no 1311 / 20131a . _________________ 1a council regulation no 1311 / 2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014 - 2020 . 23 interinstitutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management , oj c 373 , 20 . 12 . 2013 , p . 1 .


### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ; ### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , disability , reception and integration of third - country nationals , territorial cooperation and cohesion ;


### ' european solidarity corps portal ' means a web - based tool that provides relevant online services to the european solidarity corps participants and participating organisations , including providing information about the european solidarity corps , registering participants , searching for participants for placements , advertising and searching for placements , searching for potential project partners , managing contacts and offers for placements and projects , training , communication and networking activities , informing and notifying about opportunities , as well as other relevant developments related to the european solidarity corps . ### ' european solidarity corps portal ' means a web - based tool that provides relevant online services to the european solidarity corps participants and participating organisations , including providing information about the european solidarity corps , registering participants , managing quality labels , searching for participants for placements , advertising and searching for placements , searching for potential project partners , managing contacts and offers for placements and projects , training , communication and networking activities , informing and notifying about opportunities and disseminating the results of solidarity actions , as well as other relevant developments related to the european solidarity corps .


### measures aimed at ensuring the quality of solidarity placements , including training , language support , administrative support for participants and participating organisations , insurance , post - placement support as well as the development of a certificate that identifies and documents the knowledge , skills and competences acquired during the placement ; ### measures aimed at ensuring the high quality of solidarity placements , including a comprehensive training programme , language support , administrative support for participants and participating organisations , insurance , post - placement support as well as the development of a certificate that identifies and documents the knowledge , skills and competences acquired during the placement ;


### number of participants in volunteering placements ; ### number of young disadvantaged participants in volunteering placements ;


### number of participants in traineeship placements ; ### number of young disadvantaged participants in traineeship placements ;


### number of participants in job placements ; ### number of young disadvantaged participants in job placements ;


### the national agencies referred to in article 20 shall develop a consistent policy with regard to effective outreach as well as dissemination and exploitation of results of activities supported under the actions they manage , shall assist the commission in the general task of disseminating information concerning the european solidarity corps , including information in respect of actions managed at national and union level , and their results , and shall inform relevant target groups about the initiatives undertaken in their country . ### the national agencies referred to in article 20 shall develop a consistent policy and a suitable strategy with regard to effective outreach as well as dissemination and exploitation of results of activities supported under the actions they manage , shall assist the commission in the general task of disseminating information concerning the european solidarity corps , including information in respect of actions managed at national and union level , and their results , and shall inform relevant target groups about the initiatives undertaken in their country .


### circular approaches that prioritise re - usable products and re - use systems will lead to a reduction of waste generated , and such prevention is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council . 34 such approaches are also in line with united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . __________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### the measures laid down in this directive should fully pursue circular approaches that prioritise re - usable products and re - use systems over any single - use product . all measures should , first and foremost , aim at a reduction of waste generated , and promote the prevention of waste as this is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council . 34 since any single - use product is prone to have a negative impact on climate or the environment due its short life cycle , priority needs to be given to prevention and re - use of products which can deliver high savings of co2 and of valuable raw materials . this directive will contribute to achieve the united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . __________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### circular approaches that prioritise re - usable products and re - use systems will lead to a reduction of waste generated , and such prevention is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council34 . such approaches are also in line with united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . . ___________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### circular approaches that prioritise re - usable products and re - use systems , as well as recyclable products , will lead to a reduction of waste generated , and such prevention is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council34 . such approaches are also in line with united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . ___________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


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


### the single - use plastic products should be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation . ### the single - use plastic products must be addressed by one or several measures , depending on various factors , such as the availability of suitable and more sustainable alternatives , the feasibility to change consumption patterns , and the extent to which they are already covered by existing union legislation , bearing in mind inter alia the environmental and economic impact of the choice of alternative materials , particularly in farming .


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers or otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers or otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . with regard to fishing gear , the marking requirements adopted pursuant to regulation no 1224 / 2009 shall apply . the member states shall implement the fao voluntary guidelines on marking fishing gear .


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements , consumption reduction targets and awareness - raising measures . the marking should inform consumers about appropriate waste disposal options , waste disposal options to be avoided and about the negative environmental impacts of litter as a result of inappropriate disposal and , if relevant , about the existence of alternative products with similar operational characteristics . the commission should be delegated to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . ___________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec . ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter and in passively fished waste collected during normal fishing operations indicates that the existing legal requirements do not provide sufficient incentives to return such fishing gear or such passively fished waste to shore for collection and treatment . under regulation no 1224 / 2009 , if lost fishing gear cannot be retrieved the master of the vessel must inform the competent authority of its flag member state . in order to ensure harmonised monitoring , the data on lost fishing gear shall be collected and recorded by the member states and forwarded annually to the commission . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste and passively fished waste on shore to avoid any potential increase in the indirect waste fee to be paid . the delivery of passively fished waste should not result in additional costs to be borne by fishermen . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . member states should adopt the measures required to ensure that financial contributions paid by producers of fishing gear containing plastic in fulfilment of their obligations deriving from producer responsibility are adjusted , in particular to take into account the durability , repairability , re - usability and recyclability of such fishing gear . ___________________ 46 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec .


### in order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic , consumers need to be properly informed about the most appropriate waste disposal options available and / or waste disposal options to be avoided , best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single - use plastic products and fishing gear . therefore , member states should be required to take awareness raising measures ensuring that such information is given to the consumers . the information should not contain any promotional content encouraging the use of the single - use plastic products . member states should be able to choose the measures which are most appropriate based on the nature of the product or its use . producers of single - use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation . ### in order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic , consumers need to be properly informed about the most appropriate waste disposal options available , waste disposal options to be avoided , best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single - use plastic products and fishing and aquaculture gear and , where relevant , about the existence of alternative products with similar operational characteristics . therefore , member states should be required to take awareness raising measures ensuring that such information is given to the consumers . the information should not contain any promotional content encouraging the use of the single - use plastic products . member states should be able to choose the measures which are most appropriate based on the nature of the product or its use . producers of single - use plastic products and fishing and aquaculture gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation . similar awareness raising measures should also cover those single - use plastic products subject to restrictions and limitations on placing on the market with a view to obtaining the necessary support from citizens and consumers .


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


### this directive shall apply to the single - use plastic products listed in the annex and to fishing gear containing plastic . ### this directive shall apply to the single - use plastic products listed in the annex and to fishing and aquaculture gear containing plastic .


### the commission shall request the european standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1 . ### the commission shall request the european standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1 by [ two years after entry into force of this directive ] .


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


### the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall , by … [ 12 months before the end - date for transposition of this directive ] adopt a delegated act laying down the specifications for the marking referred to in paragraph 1 . that delegated act shall be adopted in accordance with article 16 .


### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products . ### with regard to the schemes established pursuant to paragraph 1 , member states shall ensure that the producers of the single - use plastic products listed in part e of the annex shall cover the costs of the collection of waste consisting of those single - use plastic products and its subsequent transport and treatment , including the costs to clean up litter and the costs of the awareness raising measures referred to in article 10 regarding those products . the costs that will be covered by the producers shall in any case include the costs that public authorities , or other parties on their behalf , make to clean up the environment .


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . for the products in point ba ) the amount of the single - use plastic products collected as % of placed on the market the given year is proportionate to the standard life - span of the product . in order to achieve that objective member states may inter alia :


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### without prejudice to directive 2008 / 98 / ec , member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia :


### member states shall take measures to inform consumers of the single - use plastic products listed in part g of the annex and fishing gear containing plastic about the following : ### member states shall take measures to inform consumers of the single - use plastic products with which this directive is concerned and fishing gear containing plastic about the following :


### information on monitoring of implementation ### information on monitoring of implementation and reporting obligations


### the european environment agency shall publish and update a union - wide overview on the basis of the data collected by the member states , on a regular basis . the union - wide overview shall include , as appropriate , indicators for outputs , results and impacts of this directive , union - wide overview maps and member state overview reports . ### the european environment agency shall publish and update a union - wide overview on the basis of the data collected by the member states , on a regular basis . the union - wide overview shall include , as appropriate , indicators for outputs for each member state , results and impacts of this directive , union - wide overview maps and member state overview reports .


### information on the measures taken by member states for the purposes of article 4 . ### information on the plans and measures taken by member states for the purposes of article 4 and article 8 .


### however , the member states shall apply the measures necessary to comply with articles 5 and 7 from … [ 2 years after entry into force of this directive ] and with article 6 from … [ 3 years after entry into force of this directive ] . ### however , the member states shall apply the measures necessary to comply with articles 5 and 7 from … [ 18 months after entry into force of this directive ] and with article 6 from … [ 3 years after entry into force of this directive ] .


### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the text of the provisions of national law which they adopt in the field covered by this directive . the commission shall verify that those provisions do not place any unjustified obstacles on the functioning of the single market .


### —cups for beverages ### — - cups for beverages , except for cups for beverages that are made solely of plastic - cups for beverages made solely [ or completely ] of plastic except for those which are compostable in domestic compost facilities and made up , wholly or partially , of bio - sourced materials


### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time . ### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . in issuing authorisations , the member state must take account of the cooperation activities already established between bodies representing fleets and those representing undertakings operating in the fishing industry and the corresponding authorities or bodies of the third countries concerned . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time .


### it has received complete and accurate information , in accordance with annexes 1 and 2 , about the fishing vessel and the associated support vessel , including non - union support vessels ; ### it has received complete and accurate information about the fishing vessel and the associated support vessel , where applicable , including non - union support vessels ;


### to this end , an operator shall provide any information related to the relevant period required by a flag member state , including at least each of the following : ### to this end , an operator shall provide the following information related to the relevant period that may be required by a flag member state :


### paragraph 4 shall not apply if the flag member state is satisfied that , as soon as the country was identified as an iuu non - cooperating country or as allowing non - sustainable fishing , the operator : ### paragraph 4 shall not apply if the flag member state is satisfied that , as soon as the country was listed as an iuu non - cooperating country or as allowing non - sustainable fishing , the operator :


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


### the flag member state shall send the application to the commission at least 10 calendar days before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement . the commission may ask the flag member state for any additional information that it deems necessary . ### the flag member state shall send the application to the commission at least 10 calendar days before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement . upon justified request from the commission , it may ask the flag member state for specific additional information that it deems necessary for verifying the conditions .


### where the protocol to a sustainable fisheries partnership agreement sets monthly or quarterly catch limits or other subdivisions of a yearly quota , the commission may adopt an implementing act establishing a methodology for allocating , monthly , quarterly or other period , the corresponding fishing opportunities between member states . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 45 . ### the allocation of fishing opportunities in a situation where the protocol to an sfpa sets monthly or quarterly catch limits or other subdivisions of a yearly quota , the corresponding fishing opportunities between member states shall be consistent with the annual fishing opportunities allocated to member states under the relevant council regulation . the only way that this principle will not apply is when the member states concerned agree on joint fishing plans that take account of the monthly or quarterly catch limits or other subdivisions of a yearly quota .


### the commission may request any additional information that it deems necessary from the flag member state . ### upon justified request from the commission , it may ask for any additional relevant information that it deems necessary from the flag member state .


### name and flag of the vessel ; ### name , flag of the vessel , community fishing fleet register , international maritime organisation number and name of the company owner of the vessel ;


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . __________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited , and relevant legislation needs to be future proof so as to not restrict technological development . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ' towards a modern , more european copyright framework ' 26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning and fair marketplace for copyright , there should also be rules on the use of works and other subject - matter on online service providers and on the transparency of authors ' and performers ' contracts and of the accounting deriving from the exploitation of protected works according to those contracts . __________________ 26 com 626 final .


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


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


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


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### this directive is without prejudice to specific solutions developed by member states in order to deal with the issues raised by mass digitisation , such as systems for out - of - commerce works . such solutions take into account the specific characteristic of the various types of work or other subject - matter and of the various users ; they are devised on the basis of consensus between the stakeholders . this approach has already been adopted in the memorandum of understanding on key principles on the digitisation and making available of out - of - commerce works , signed on 20 september2011 by representatives of european libraries , authors , publishers and collective management organisations under the aegis of the commission . this directive should be without prejudice to that memorandum of understanding , which calls on member states and the commission to ensure that voluntary agreements concluded between users , rightholders and collective management organisations to authorise the use of out - of - commerce works on the basis of the principles contained in the memorandum have the benefit of legal certainty in the national and cross - border context . member states should have a certain margin of discretion to choose the specific type of arrangement in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in respect of the application of article 14 of the directive 2000 / 31 / ec , unless it has been ascertained that the role of the service provider is of a purely passive nature , the service provider would not be eligible for the liability exemption of article 14 of the directive 2000 / 31 / ec and would be deemed to play an active role . an active role includes , inter alia , optimisation for the purpose of the presentation by the service of the uploaded works or subject - matter or their promotion by the service , irrespective of the nature of the means used therefor . a service provider can be deemed active even where it has no editorial control over the content which it makes available .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in respect of article 14 of directive 2000 / 31 / ec and the liability exemption provided therein , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . in such case , the provider should no longer be considered to be merely hosting copyright protected works or other subject - matter uploaded by their users , should be ineligible for the liability exemption and therefore subjected to the provisions of directive 2001 / 29 / ec as any digital service provider .


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


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### most contracts for the exploitation of rights harmonised at union level are of long duration , offering very few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases of unexpected success where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant net direct and indirect revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . when assessing the disproportionality , the appropriate circumstances of each case , including the nature and significance of the contribution of the author or performer to the overall work or performance , should be taken into account . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


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


### member states shall ensure that the licences referred to in paragraph 1 are sought from a collective management organisation that is representative for the member state where : ### member states shall ensure that the licences referred to in paragraph 1 are in the member state where :


### member states shall provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow cultural heritage institutions to distribute , communicate to the public or make available out - of - commerce works or other subject - matter permanently in the collection of the institution for non - commercial purposes . member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this paragraph before 22 december 2020 . when applying the exception or limitation member states shall take due account of remuneration schemes to compensate for any unreasonable actions contrary to the legitimate interests of rightholders , and ensure that all rightholders may at any time object to the use of any of their works or other subject - matter that are deemed to be out of commerce and be able to exclude the use of their works or other subject - matter . acts which would otherwise be permitted under paragraph 1 shall not be permitted if valid extended collective licencing solutions are available authorising the acts in question and the cultural heritage institution responsible for those acts knew or ought to have been aware of that fact . member states shall provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that :


### the works or phonograms were first published or , in the absence of publication , where they were first broadcast , except for cinematographic and audiovisual works ; ### the majority of works or phonograms were first published or , in the absence of publication , where they were first created or broadcast , except for cinematographic and audiovisual works ;


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the mechanisms referred to in article 7 , including resolving issues where cultural heritage institutions’ activities in line with articles 7 and 8 are not being reasonably enabled , to ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , to assist in the establishment of the requirements referred to in the second subparagraph of article 7 .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , accurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , the direct and indirect revenues generated and the remunerations due .


### the european strategy for low - emission mobility16 sets a clear ambition : by mid - century , greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and be firmly on the path towards zero . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 . _________________ 16 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions a european strategy for low - emission mobility 501 final ) . ### the european strategy for low - emission mobility16 sets a clear ambition : by mid - century , greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and be firmly on the path towards zero . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 , bearing in mind also policies in support of the automotive industry . ambitions must be kept to a realistic level in order to allow the car industry to adapt and so as not to increase costs for carmakers , which would discourage the manufacture and purchase of new passenger cars in the eu and impact , amongst other things , on employment . similarly , if over - ambitious targets are proposed and transport emissions are not reduced sufficiently , this could engender a risk of not achieving the greenhouse gas emission reduction targets set under the paris agreement . _________________ 16 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions a european strategy for low - emission mobility 501 final ) .


### the commissions communications ' europe on the move ' 17 and ' delivering on the european strategy for low - emission mobility a european union that protects the planet , empowers its consumers , and defends its industry and workers ' 18 highlight that the co2 emissions standards for passenger cars and light commercial vehicles are a strong driver for innovation and efficiency and will contribute to strengthening competitiveness of the automotive industry and pave the way for zero and low - emission vehicles in a technology - neutral way . _________________ 17 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions europe on the move an agenda for a socially fair transition towards clean , competitive and connected mobility for all 283 final ) . 18 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions [ … ] ### the commissions communications ' europe on the move ' 17 and ' delivering on the european strategy for low - emission mobility a european union that protects the planet , empowers its consumers , and defends its industry and workers ' 18 highlight that the co2 emissions standards for passenger cars and light commercial vehicles are a strong driver for innovation and efficiency and will contribute to strengthening competitiveness of the automotive industry and pave the way for zero and low - emission vehicles in a technology - neutral way . nevertheless , the market share of clean vehicles remains small and the vast majority of european cars are still powered by gasoline or diesel engines . for these reasons , providing eu consumers with sustainable and affordable options will therefore require a holistic approach , which includes support for the uptake of clean vehicles both in the private and public sectors , as well as accelerating the deployment of alternative infrastructure . _________________ 17 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions europe on the move an agenda for a socially fair transition towards clean , competitive and connected mobility for all 283 final ) . 18 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions [ … ]


### it is important that the setting of co2 emissions reduction requirements continues to provide union - wide predictability and planning security for vehicle manufacturers across their new car and light commercial vehicle fleets in the union . ### while it is important that the setting of co2 emissions reduction requirements continues to provide union - wide predictability and planning security for vehicle manufacturers across their new car and light commercial vehicle fleets , the ‘ dieselgate’ crisis has demonstrated that stricter oversight of the market is necessary to achieve the union ' s targets for decarbonisation and restore the public ' s confidence in the industry . to achieve these goals , as well as to co - ordinate better the work carried by national surveillance bodies , a dedicated european agency for road transport should be set up .


### the aim of this regulation is to create incentives for the automotive industry to invest in new technologies . this regulation actively promotes eco - innovation and provides a mechanism that should be able to acknowledge future technological development . experience shows that eco - innovations have successfully contributed to the cost - effectiveness of regulations no 443 / 2009 and no 510 / 2011 and to the reduction of real world co2 emissions . this modality should therefore be maintained and the scope should be extended to incentivise efficiency improvements in air - conditioning systems . ### the aim of this regulation is to create incentives for the automotive industry to invest in new technologies . this regulation actively promotes eco - innovation and provides a mechanism that should be able to acknowledge future technological development . experience shows that eco - innovations have successfully contributed to the cost - effectiveness of regulations no 443 / 2009 and no 510 / 2011 and to the reduction of real world co2 emissions . this modality should therefore be maintained and the scope should be extended to incentivize efficiency improvements in air - conditioning systems and co2 and nox emissions reductions from engines retrofitting .


### this regulation establishes co2 emissions performance requirements for new passenger cars and for new light commercial vehicles in order to ensure the proper functioning of the internal market . ### this regulation establishes co2 emissions performance requirements for new passenger cars and for new light commercial vehicles in order to achieve the union ' s climate targets and ensure the proper functioning of the internal market .


### the register shall be publicly available . ### the register shall be publicly available , including in digital format .


### the cap ' s compliance - driven delivery model should be adjusted to ensure a greater focus on results and performance . accordingly the union should set the basic policy objectives , types of intervention and basic union requirements while greater responsibility and accountability for meeting those objectives should be borne by the member states . as a consequence , there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs . accordingly , under the new delivery model , member states should be responsible for tailoring their cap interventions in line with basic union requirements in order to maximize their contribution to union cap objectives and to establish and design the compliance and control framework for beneficiaries . ### the cap ' s compliance - driven delivery model should be adjusted to ensure a greater focus on sustainable agriculture . accordingly the union should set the basic policy objectives , types of intervention and basic union requirements , including as regards policy coherence for development , while greater responsibility and accountability for meeting those objectives should be borne by the member states . as a consequence , there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs . accordingly , under the new delivery model , member states should be responsible for tailoring their cap interventions in line with their specific needs and basic union requirements in order to maximize their contribution to union cap objectives and to establish and design the compliance and control framework for beneficiaries .


### an epizootic or a plant disease affecting part or all of the beneficiary ' s livestock or crops respectively ; ### an epizootic or a plant pest affecting part or all of the beneficiary ' s livestock or crops respectively ;


### paying agencies shall be departments or bodies of the member states responsible for the management and control of expenditure referred in article 5 and article 6 . ### paying agencies shall be departments or bodies of the member states responsible for the management and control of expenditure referred in article 5 and article 6 . they shall be responsible , in particular , for the drawn up and submission of the annual performance report referred in article 121 of regulation … / … [ cap strategic plan regulation ] .


### for the purposes of article 63 and of regulation 2018 / … [ the new financial regulation ] , the person in charge of the accredited paying agency shall , by 15 february of the year following the financial year concerned , draw up and provide the commission with the following : ### for the purposes of article 63 and of regulation 2018 / … [ the new financial regulation ] , the person in charge of the accredited paying agency shall , by 15 february of the year following the financial year concerned , ) draw up and provide the commission with the following :


### by way of derogation from point of article 12 of the financial regulation , non - committed appropriations of the agricultural reserve shall be carried over without time limitation to finance the agricultural reserve in the following financial years . ### by way of derogation from point of article 12 of the financial regulation , non - committed appropriations of the agricultural reserve shall be carried over without time limitation to finance the agricultural reserve in the following financial years . moreover , by derogation from point of article 12 of the financial regulation , the total unused amount of the crisis reserve available at the end of year 2020 shall be carried over to the year 2021 without being returned to the budgetary lines which cover the actions referred to in point of article 5 and made available for the financing of the agricultural reserve .


### interest generated on the prefinancing shall be used for the cap strategic plan concerned and deducted from the amount of public expenditure indicated on the final declaration of expenditure . ### interest generated on the prefinancing shall be used for the cap strategic plan or the regional intervention programme concerned and deducted from the amount of public expenditure indicated on the final declaration of expenditure .


### under eafrd , an operation may receive different forms of support from the cap strategic plan and from other european structural and investments funds funds or union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in title iii of regulation no… / … . in such cases member states shall not declare expenditure to the commission for : ### under eafrd , an operation may receive different forms of support from the cap strategic plan and from other european structural and investments funds funds or union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in title iii of regulation no… / … . in such cases expenditure declared in a payment application shall not be declared for either of the following :


### reductions under this article shall be without prejudice to article 51 . ### reductions under this article shall be applied in accordance with the principle of proportionality without prejudice to article 51 .


### in case of delayed or insufficient progress towards targets , as set out in the national cap strategic plan and monitored in accordance with articles 115 and 116 of regulation … / … [ cap strategic plan regulation ] , the commission may ask the member state concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators , to be established in consultation with the commission . ### in case of delayed or insufficient progress towards targets in accordance with article 121 regulation … / … [ cap strategic plan regulation ] of the result indicators , as set out in the national cap strategic plan and monitored in accordance with articles 115 and 116 of regulation … / … [ cap strategic plan regulation ] , and where the member state cannot provide duly justified reasons , the commission may ask the member state concerned to present and implement an action plan , to be established in consultation with the commission . the action plan shall describe the necessary remedial actions and the expected timeframe for its execution .


### where the member state fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### in the event of serious deficiencies in the functioning of the governance systems , the commission may ask the member state concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators , to be established in consultation with the commission . the commission may adopt implementing acts laying down further rules on the elements of action plans and the procedure for setting up action plans . these implementing acts shall be adopted in accordance with the verification procedure referred to in article 101 .


### in case of serious deficiencies in the functioning of the governance systems , the commission may ask the member state concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators , to be established in consultation with the commission . ### the commission shall be supported by the committee on the agricultural funds in order to ensure that the member states exchange best practice on the functioning of governance systems . such exchanges shall take account of the information provided in the annual reports issued by paying agencies under article 8 , and of the opinion provided by the certification body in accordance with article 11 .


### prior to 1 december but not before 16 october , pay advances of up to 50 % for direct payments interventions ; ### prior to 1 december but not before 16 october , pay advances of up to 50 % for direct payments interventions and for the measures referred to in chapter iv of regulation no 228 / 2013 and in chapter iv of regulation 229 / 2013 respectively ;


### amounts of the union financing under the eafrd which are cancelled and amounts recovered , and the interest thereon , shall be reallocated to other rural development interventions in the cap strategic plan . however , the cancelled or recovered union funds may be reused by member states only for a rural development operation under the national cap strategic plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment . ### amounts of the union financing under the eafrd which are cancelled and amounts recovered , and the interest thereon , that member states will calculate after expiration of the period granted to the beneficiary for payment shall be reallocated to other rural development interventions in the same cap strategic plan . however , the cancelled or recovered union funds may be reused in its entirety by member states only for a rural development operation under the national cap strategic plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment .


### member states shall set up efficient management and control systems in order to ensure compliance with the union legislation governing union interventions . ### member states shall set up efficient management and control systems in order to ensure compliance with the union legislation governing union interventions . the control systems shall be described in the national cap strategic plan as indicated in article 101 of regulation … / … [ cap strategic plan regulation ] .


### which ensure a non - discriminatory treatment , equity and the respect of proportionality when lodging a security ; ### ensuring a non - discriminatory treatment , equity and the respect of proportionality when lodging a security ;


### may , where appropriate , make use of remote sensing or the area monitoring system to carry out the on - the - spot checks referred to in point ; ### may , where appropriate and feasible , make use of remote sensing or the area monitoring system to carry out the on - the - spot checks referred to in point ;


### article 5 , article 7 , articles 9 , 34 , article 35 , articles 36 , 37 , 38 , 43 , 51 , 52 , 54 , 110 and 111 of regulation no 1306 / 2013 and the relevant implementing and delegated rules shall continue to apply in relation to expenditure incurred and payments made for the agricultural financial year 2020 and before as regards the eagf , and as regards the eafrd in relation to expenditure incurred and payments made for rural development programmes approved by the commission under regulation no 1305 / 2013 , ### article 5 , article 7 , article 9 , article 26 , article 34 , article 35 , articles 36 , 37 , 38 , 43 , 51 , 52 , 54 , 110 and 111 of regulation no 1306 / 2013 and the relevant implementing and delegated rules shall continue to apply in relation to expenditure incurred and payments made for the agricultural financial year 2020 and before as regards the eagf , and as regards the eafrd in relation to expenditure incurred and payments made for rural development programmes approved by the commission under regulation no 1305 / 2013 ,