### the european council of 17 june 2010 called for all common policies , including cohesion policy , to support the europe 2020 strategy for smart , sustainable and inclusive growth ' . in order to ensure the full alignment of the esf with the objectives of this strategy , particularly as regards employment , education , and the fight against social exclusion , the esf should support member states in implementing the council recommendations on broad guidelines for economic policies of the member states and the union and the council decisions on guidelines for the employment policies of the member states adopted in accordance with articles 121 and 148 of the treaty . it should also contribute to the implementation of the flagship initiatives , with special regard to the ' agenda for new skills and jobs ' , ' youth on the move ' , and the ' european platform against poverty and social exclusion ' . it will also support the activities in the ' digital agenda ' and the ' innovation union ' initiatives . ### the european council of 17 june 2010 called for all common policies , including cohesion policy , to support the europe 2020 strategy for smart , sustainable and inclusive growth ' . in order to ensure the full alignment of the esf with the objectives of this strategy , particularly as regards employment , education , training and the fight against social exclusion , the esf must support member states in implementing the council recommendations on broad guidelines for economic policies of the member states and the union and the council decisions on guidelines for the employment policies of the member states adopted in accordance with articles 121 and 148 of the treaty . it should also contribute to the implementation of the flagship initiatives , with special regard to the ‘ agenda for new skills and jobs’ , ‘ youth on the move’ , and the ‘ european platform against poverty and social exclusion’ . it should also support the activities in the ‘ digital agenda’ and the ‘ innovation union’ initiatives .


### the mobilisation of regional and local stakeholders is necessary to deliver the europe 2020 strategy and its headline targets . territorial pacts , local initiatives for employment and social inclusion , community - led local development strategies and sustainable urban development strategies may be used and supported to involve more actively regional and local authorities , cities , social partners and non - governmental organisations in the implementation of programmes . ### the mobilisation of regional and local stakeholders is necessary to deliver the europe 2020 strategy and its headline targets . territorial pacts , local initiatives for employment and social inclusion , sustainable community - led local development strategies and sustainable urban as well as rural development strategies may be used and supported to involve more actively regional and local authorities , cities , social partners and non - governmental organisations in the programming , implementation , monitoring and evaluation of programmes .


### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations in the award of concessions , procurers may also be allowed to include , in the award criteria , characteristics related to the working conditions . however , where the contracting authorities or contracting entities use the most economically advantageous tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender . ### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations in the award of concessions , procurers may also be allowed to include , in the award criteria , characteristics related to the working conditions . however , where the contracting authorities or contracting entities use the most economically advantageous and sustainable tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous and sustainable tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender .


### the imposition of the visa requirement on the nationals of dominica , grenada , kiribati , marshall islands , micronesia , nauru , palau , saint lucia , saint vincent and the grenadines , samoa , solomon islands , timor - leste , tonga , trinidad and tobago , tuvalu and vanuatu is no longer justified . these countries do not present any risk of illegal immigration or a threat to public policy for the union in accordance with the criteria set out in recital 5 of regulation n° 539 / 2001 . consequently , nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to annex ii . ### the imposition of the visa requirement on the nationals of dominica , grenada , kiribati , marshall islands , micronesia , nauru , palau , saint lucia , saint vincent and the grenadines , samoa , solomon islands , timor - leste , tonga , trinidad and tobago , tuvalu , the united arab emirates and vanuatu is no longer justified . these countries do not present any risk of illegal immigration or a threat to public policy for the union in accordance with the criteria set out in recital 5 of regulation n° 539 / 2001 . consequently , nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to annex ii .


### exemption from the visa requirement for nationals of dominica , grenada , kiribati , marshall islands , micronesia , nauru , palau , saint lucia , saint vincent and the grenadines , samoa , solomon islands , timor - leste , tonga , trinidad and tobago , tuvalu and vanuatu should not come into force until bilateral agreements on visa waiver between the union and the countries concerned have been concluded in order to ensure full reciprocity . ### exemption from the visa requirement for nationals of dominica , grenada , kiribati , marshall islands , micronesia , nauru , palau , saint lucia , saint vincent and the grenadines , samoa , solomon islands , timor - leste , tonga , trinidad and tobago , tuvalu , the united arab emirates and vanuatu should not come into force until bilateral agreements on visa waiver between the union and the countries concerned have been concluded in order to ensure full reciprocity .


### ' tuvalu* ' and ' vanuatu* ' ### ' tuvalu* ' , ' united arab emirates* ' and ' vanuatu* '


### in point 1 , the references to dominica , grenada , kiribati , marshall islands , micronesia , nauru , palau , saint lucia , saint vincent and the grenadines , samoa , solomon islands , timor - leste , tonga , trinidad and tobago , tuvalu and vanuatu are deleted and a reference to south - sudan is inserted ; ### in point 1 , the references to dominica , grenada , kiribati , marshall islands , micronesia , nauru , palau , saint lucia , saint vincent and the grenadines , samoa , solomon islands , timor - leste , tonga , trinidad and tobago , tuvalu , the united arab emirates and vanuatu are deleted and a reference to south - sudan is inserted ;


### promote and support the development and implementation of members states ' risk management plans including guidelines on their content and provide for adequate incentives , where needed ### promote and support the development , updating and implementation of members states ' risk management plans , including guidelines on their structure in order to facilitate their comparability and compatibility , and provide for adequate incentives , where needed


### in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission their risk management plans . ### in order to ensure an effective cooperation within the mechanism , member states shall communicate to the commission their risk management plans . the commission and member states shall make sure classified information and data are duly protected .


### member states shall ensure by the end of 2016 at the latest that their risk management plans are ready and communicated to the commission in their most up - to - date form . ### member states shall ensure by the end of 2014 at the latest that their current risk management plans are ready and communicated to the commission . member states shall continuously update their risk management plans and submit them to the commission at least once a year at the end of each year , starting from 2015 .


### synergies shall be sought with other instruments of the union , in particular , with actions financed under regulation no 1257 / 96 . ### synergies shall be sought with other instruments of the union , in particular , with actions financed under regulation no 1257 / 96 and with actions developed under the common security and defence policy .


### article 6 risk management plans in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission their risk management plans . 2 . the risk management plans shall take into account the national risk assessments and other relevant risk assessment and shall be coherent with other relevant plans in force in that member state . 3 . member states shall ensure by the end of 2016 at the latest that their risk management plans are ready and communicated to the commission in their most up - to - date form . ### article 6 risk management plans in order to ensure the effectiveness of the mechanism , members states shall communicate to the commission their risk management plans , taking into account the minimum content requirements set out in paragraph 1a . 1a the risk management plans referred to under paragraph 1 shall , as a minimum , be a collation of the information from either national or regional plans , including , but not limited to , possible risks together with risk maps , capacities available , and contingency plans in place . the submission of information concerning both national and regional plans , as well as the plans themselves , and any relevant data , shall be encouraged . 2 . the risk management plans shall take into account the national , regional and local risk assessments and other relevant risk assessment , and shall be coherent with other relevant plans in force in that member state , including any existing plans on climate change adaptation . 3 . member states shall ensure by the end of 2014 at the latest , that their risk management plans are ready and communicated to the commission . member states shall update their risk management plans every two years , and communicate those updated plans to the commission . 3 a member states shall make provision , in accordance with their national law , for the involvement of the regional and local authorities concerned and of specialised institutions in the preparation and updating of their risk management plans .


### the commission shall define quality requirements for the capacities to be committed to the european emergency response capacity . member states shall be responsible for ensuring their quality . ### the commission shall , in cooperation with the member states , define quality requirements for the capacities to be committed to the european emergency response capacity . member states shall be responsible for ensuring their quality .


### the union intervention enhances prevention , preparedness and response capacity of member states to face major disasters minimising human and material loss . the objective of this decision cannot be sufficiently achieved by member states operating alone and can be better achieved at union level by reason of the scale or effects of the proposed action . ### the union’s supporting , coordinating and complementary measures enhance prevention , preparedness and response capacity of member states to face major disasters minimising human and material loss . it is possible to work at eu level towards the objective of rendering the mechanism more efficient and effective , and of mobilising resources more quickly , while the member states still retain their individual responsibility .


### actions taken in accordance with this point shall be based on a thorough needs and cost - benefit analysis per type of capacity , taking into account the probability and impact of the relevant risks . the union financial contribution for the actions under this point shall not exceed 85% of the total eligible costs ; ### actions taken in accordance with this point shall be based on a thorough needs and cost - benefit analysis per type of capacity , taking into account the horizontal nature of capacity , its high level of specialisation and cost , or the probability and impact of the relevant risks . the union financial contribution for the actions under this point shall not exceed 90% of the total eligible costs ;


### progress in implementing the disaster prevention framework measured by the number of member states with disaster management plans as set out in article 4 ; ### progress in implementing the disaster prevention framework measured by the number of member states with risk management plans as set out in article 6 ;


### member states shall ensure by the end of 2016 at the latest that their risk management plans are ready and communicated to the commission in their most up - to - date form . ### member states shall ensure by the end of 2014 at the latest that their risk management plans are ready and shall inform the commission of those plans in their most up - to - date form . member states shall permanently update these plans and shall communicate their most up - to - date form annually to the commission .


### developing response capacities at union level , where it is more cost - effective , that can serve as a common buffer against shared risks . ### developing response capacities at union level , where it is more cost - effective , that can serve as a common buffer against shared risks , including horizontal capacities that support emergency response operations in terms of assessment , logistics and coordination , as well as response capacities in relation to low probability / high impact disasters .


### the union financial contribution for actions under this point shall take the form of unit costs determined per type of capacity and shall not exceed 25% of the total eligible costs . ### the union financial contribution for actions under this point shall take the form of unit costs determined per type of capacity and shall not exceed 40% of the total eligible costs .


### future and emerging technologies shall support collaborative research in order to extend europe ' s capacity for advanced and paradigm - changing innovation . it shall foster scientific collaboration across disciplines on radically new , high - risk ideas and accelerate development of the most promising emerging areas of science and technology as well as the union wide structuring of the corresponding scientific communities . ### future and emerging technologies shall support collaborative research and user - driven , gender - sensitive technology and innovation in order to extend europe ' s capacity for advanced and paradigm - changing innovation . it shall foster scientific collaboration across disciplines on radically new , high - risk ideas and accelerate development of the most promising emerging areas of science and technology as well as the union wide structuring of the corresponding scientific communities .


### the performance indicators for the general objectives and for the european institute of innovation and technology , as set out in the introduction of annex i to this regulation , and for the specific objectives as established in the specific programme , including relevant baselines , shall provide the minimum basis for assessing the extent to which the objectives of horizon 2020 have been achieved . ### the performance indicators for the general objectives and for the european institute of innovation and technology , as set out in the introduction of annex i to this regulation , and for the specific objectives as established in the specific programme , including relevant baselines , shall provide the minimum basis for assessing the extent to which the objectives of horizon 2020 have been achieved . gender indicators shall be added as performance indicators , using for example existing tools as she figures , statistics and indicators on gender equality in science .


### the commission shall annually monitor the implementation of horizon 2020 , its specific programme and the activities of the european institute of innovation and technology . this shall include information on cross - cutting topics such as sustainability and climate change , including information on the amount of climate related expenditure . ### the commission shall annually monitor the implementation of horizon 2020 , its specific programme and the activities of the european institute of innovation and technology . this shall include information and indicators on cross - cutting topics such as gender , sustainability and climate change , including information on the amount of climate related expenditure .


### the union has the objective of strengthening its scientific and technological bases by achieving a european research area in which researchers , scientific knowledge and technology circulate freely , and encouraging the union to become more competitive , including in its industry . to pursue those objectives the union should carry out activities to implement research , technological development and demonstration , promote international cooperation , disseminate and optimise results and stimulate training and mobility . ### the union has the objective of strengthening its scientific and technological bases by achieving a european research area in which both female and male researchers , scientific knowledge and technology circulate freely , and encouraging the union to become more competitive , including in its industry . to pursue those objectives the union should carry out activities to implement research , technological development and demonstration , promote international cooperation , disseminate and optimise results and stimulate training and mobility .


### the union is committed to achieving the europe 2020 strategy , which has set the objectives of smart , sustainable and inclusive growth , highlighting the role of research and innovation as key drivers of social and economic prosperity and of environmental sustainability and setting itself the goal to increase spending on research and development to reach 3 % of gross domestic product by 2020 while developing an innovation intensity indicator . in this context , the innovation union flagship initiative sets out a strategic and integrated approach to research and innovation , setting the framework and objectives to which future union research and innovation funding should contribute . research and innovation are also key factors for other europe 2020 flagship initiatives , notably on resource efficient europe , an industrial policy for the globalisation era , and a digital agenda for europe . moreover , for achieving the europe 2020 objectives relating to research and innovation , cohesion policy has a key role to play through building capacity and providing a stairway to excellence . ### the union is committed to achieving the europe 2020 strategy , which has set the objectives of smart , sustainable and inclusive growth , highlighting the role of research and innovation as key drivers of social and economic prosperity and of environmental sustainability and setting itself the goal to increase spending on research and development to reach 3 % of gross domestic product by 2020 while developing an innovation intensity indicator . in this context , the innovation union flagship initiative sets out a strategic and integrated approach to research and innovation , setting the framework and objectives to which future union research and innovation funding should contribute . research and innovation are also key factors for other europe 2020 flagship initiatives , notably on resource efficient europe , an industrial policy for the globalisation era , and a digital agenda for europe . moreover , for achieving the europe 2020 objectives relating to research and innovation , cohesion policy has a key role to play through building capacity and providing a stairway to excellence , to both men and women scientists , to carry out cutting edge research and innovation of the highest quality .


### the activities developed under horizon 2020 should aim at promoting equality between men and women in research and innovation , by addressing in particular the underlying causes of gender imbalance , by exploiting the full potential of both female and male researchers , and by integrating the gender dimension into the content of projects in order to improve the quality of research and stimulate innovation . activities should also aim at the implementation of the principles relating to the equality between women and men as laid down in articles 2 and 3 of the treaty on european union and article 8 tfeu . ### the activities developed under horizon 2020 should aim at promoting equality between men and women in research and innovation , by identifying and remedying the main underlying causes of gender imbalance , by exploiting the full potential , in terms of professionalism and skills , of both female and male researchers , and by integrating the gender dimension into the content of projects in order to improve the quality of research and stimulate innovation . activities should also aim at the implementation of the principles relating to the equality between women and men as laid down in articles 2 and 3 of the treaty on european union and article 8 tfeu .


### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry and specifically smes and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors . ### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry and specifically smes and be open to the full potential and scientific excellence of new talented participants , both men and women , from across europe , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors .


### the european research council shall provide attractive and flexible funding to enable talented and creative individual researchers and their teams to pursue the most promising avenues at the frontier of science , on the basis of union - wide competition . ### the european research council shall provide attractive and flexible funding to enable talented and creative individual researchers and their teams , irrespective of their sex , to pursue the most promising avenues at the frontier of science , on the basis of union - wide competition .


### this directive should be without prejudice to existing arrangements in the member states concerning the management of rights such as extended collective licences . ### this directive should promote existing arrangements in the member states concerning the management of rights by means of compulsory licences or extended collective licences .


### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point . ### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point .


### in order to foster the union ' s citizens ' access to europe ' s cultural heritage , it is also necessary to ensure that orphan works which have been digitised and made available to the public in one member state are also available in other member states . publicly accessible libraries , educational establishments , museum , archives , film heritage institutions and public service broadcasting organisations that use an orphan work in order to achieve their public interest missions should be able to make the orphan work available to the public in other member states . ### in order to foster the union ' s citizens ' access to europe ' s cultural heritage , it is also necessary to ensure that orphan works which have been digitised and made available to the public in one member state are also available in other member states .


### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation . ### for the purposes of this directive , cinematographic , audio and audiovisual works , or contributions to works contained therein , in the archives of broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works which are :


### works published in the form of books , journals , newspapers , magazines or other writings , and which are contained in the collections of publicly accessible libraries , educational establishments , museums or archives , or ### works published in the form of books , journals , newspapers , magazines or other writings , photographs and artworks , or


### in the case of orphan works , such prior consent to carry out acts of reproduction or of making available to the public cannot be obtained . ### in the case of orphan works , such prior consent cannot be obtained .


### libraries , museums , archives , educational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or archives in order to create european digital libraries . libraries , museums , archives , educational establishments , film heritage institutions and public service broadcasting organisations in the member states contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections . ### libraries , museums , archives , educational establishments , film heritage institutions and broadcasting organisations as well as private collections are engaged in digitisation of their collections or archives . they contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections .


### a diligent search is required to be carried out only in the member state of first publication or broadcast . ### a diligent search is required to be carried out only in the member state of first publication , exhibition , or broadcast .


### libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or achives in order to create european digital libraries . libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations in the member states contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections . ### libraries , museums , archives , educational establishments , film heritage institutions and public service broadcasting organisations in the member states are engaged in large - scale digitisation of their collections or archives in order to create european digital libraries . they contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections .


### by making the orphan work available , within the meaning of article 3 of directive 2001 / 29 / ec ; ### by communicating the orphan work to the public within the meaning of article 3 of directive 2001 / 29 / ec ;


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work has more than one author or holder of a related copyright , authorisation given by those authors or rightholders who could be located shall be deemed sufficient for the work as a whole to be used if other authors or holders of related copyright in accordance with this directive could not be identified or located . in the case of works whose individual parts can be clearly attributed to different authors or holders of related copyright , each part of the work shall be the subject of a specific investigation to determine whether it is an orphan work within the meaning of article 2 .


### by making the orphan work available , within the meaning of article 3 of directive 2001 / 29 / ec ; ### by communicating the orphan work to the public and making it available , within the meaning of article 3 of directive 2001 / 29 / ec ;


### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and public service broadcasting organisations , to make available and reproduce orphan works , provided such use fulfils their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage . ### in order to promote learning and culture , member states should authorise measures to make available and reproduce orphan works , also with the aim of preserving and restoring works and providing cultural and educational access to works contained in their collections .


### when a member state authorises , under the conditions established in this directive , the use of orphan works by publicly accessible libraries , educational establishments , museums , archives , film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission , rightholders who come forward to claim their works should be remunerated . such remuneration should take account of the type of work and the use concerned . member states may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this directive should contribute to financing rights information sources that will facilitate diligent search , by low - cost and automated means , in respect of categories of works that fall actually or potentially within the scope of application of this directive . ### when a member state authorises , under the conditions established in this directive , the use of orphan works , rightholders who come forward to claim their works should be remunerated . such remuneration should take account of the type of work and the use concerned . member states may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this directive should contribute to financing rights information sources that will facilitate diligent search , by low - cost and automated means , in respect of categories of works that fall actually or potentially within the scope of application of this directive .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for authors of reproduction and of public dissemination of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work .


### this directive concerns certain uses of orphan works undertaken by publicly accessible libraries , educational establishments or museums as well as by archives , film heritage institutions and public service broadcasting organizations . ### this directive concerns certain uses of orphan works .


### cinematographic , audio or audiovisual works produced by public service broadcasting organisations before the 31 december 2002 and contained in their archives . ### cinematographic works or works forming a part of audio or audiovisual works produced by broadcasting organisations and contained in their archives .


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ” ### . by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation and shall submit a legislative proposal to the european parliament and the council on : - the co2 emission targets for new passenger cars for the period beyond 2020 ; - consideration of a uniform target for all vehicle manufacturers , dispensing with any utility criterion ; - possibly , consideration of a modulated target based on the utility criterion , footprint and the latest available data for the european motor vehicle fleet ; - consideration of an ongoing , gradual reduction , on a multiannual basis , of co2 emission targets for the period beyond 2020 , possibly including an emissions banking scheme ; - the arrangements for the introduction of the new test cycle more representative of actual european traffic conditions in a comprehensive manner appropriate to regulation no 715 / 2007 , regulation no 443 / 2009 and the joint revision of directive 1999 / 94 / ec relating to the availability of consumer information on fuel economy and co2 emissions in respect of the marketing of new passenger cars .


### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment , on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass . nevertheless , the lower cost and merits of a change to footprint as the utility parameter should be considered in the future review . ### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment . on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass , since manufacturers have planned their compliance pathways to 2020 on the basis of continuation of the current parameter . nevertheless , the lower cost and merits of footprint would justify its use as the utility parameter from 2025 onwards . therefore , in order to ensure a smooth transition to a future shift from mass to footprint , it is appropriate to introduce a footprint - based formula , which may be used from 2016 onwards by manufacturers as an alternative to the mass - based formula .


### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed , the commission to make a report and if appropriate proposals made for targets beyond 2020 . ### to enable the automotive industry to carry out long - term investments and innovation it is desirable to determine a new co2 emissions reduction target for the period beyond 2020 . that target should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars .


### from 2020 : specific emissions of co2 = 95 + a × where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ### ' from 2020 : one of the following formulae should be used : specific emissions of co2 = 95 + a &#215 ; where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ii ) specific emissions of co2 = 95 + b × where : f = footprint of vehicle in square metres f0 = the value adopted pursuant to article 13 b = 17 , 6 '


### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed , the commission to make a report and if appropriate proposals made for targets beyond 2020 . ### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable to set a target for 2025 in this regulation and for the commission to make a report on the co2 emission targets for new passenger cars for 2030 and onwards .


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2emission targets for new passenger cars for the period beyond 2020 , including a target of 70g co2 / km for 2025 . the commission shall on the basis of such a review and its impact assessment , make a proposal to amend this regulation in a way which is neutral from the point of view of competition , sustainability and which is socially equitable . any proposal to amend this regulation must be consistent with the cost - effective pathway to achieving the union ' s long term climate goals for 2050 and shall imply an equal level of ambition for passenger cars and light duty vehicles .


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ' ### by 31 december 2017 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ’


### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles . ### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , and considering the insufficiency of the current test cycle , a new test cycle that does reflect the actual emissions of cars should be developed swiftly , ruling out divergent interpretations and deviations among member states . pending the adoption of the new test cycle , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles .


### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment , on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass . nevertheless , the lower cost and merits of a change to footprint as the utility parameter should be considered in the future review . ### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i to regulation no 443 / 2009 . this data is available and its potential use has been assessed in the impact assessment . on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass , since a change of utility parameter would not meet the objective of planning certainty as manufacturers have already started their compliance pathways to 2020 on the basis of continuation of the current parameter . nevertheless , given the lower cost and merits of a change to footprint as the utility parameter , footprint could be used as the utility parameter for the 2025 target and manufacturers given the option of using footprint from 2020 .


### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed , the commission to make a report and if appropriate proposals made for targets beyond 2020 . ### to enable the automotive industry to carry out long - term investments and innovation it is desirable to set a co2 emissions reduction target for the period beyond 2020 . that target should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars .


### the financial envelope for implementing the programme shall be eur 2 . 522 billion , of which approximately eur 1 . 4 billion shall be allocated to financial instruments . ### within the meaning of point [ 17 ] of the interinstitutional agreement of . . . / . . . . between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , the financial envelope for implementing the programme for its entire duration , shall be 0 , 5% of the total 2014 - 2020 mff ceilings , of which approximately 60% shall be allocated to financial instruments . that amount shall constitute the prime reference for the budgetary authority during the annual budgetary procedure .


### ensure a significant representation of fisheries and aquaculture sectors . ### ensure a significant representation of fisheries and aquaculture sectors , including the representative social partners .


### in order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship . therefore the emff should support innovative operations and business development . ### in order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship . eco - innovation shall aim to improve the long term ecological sustainability of fishing operations and reduce the impact of fisheries on the marine ecosystems . therefore the emff should support innovative operations and business development that are environmentally sustainable and apply the precautionary principle and adhere to the ecosystem based approach .


### action by the union should be complementary to action carried out by member states or seek to contribute to that action . in order to ensure significant added value the partnership between the commission and member states should be strengthened through arrangements for the participation of various types of partners with full regard to the institutional competences of the member states . particular attention should be paid to ensuring adequate representation for women and minority groups . this partnership concerns regional , local and other public authorities , as well as other appropriate bodies , including those responsible for the environment and for the promotion of equality between men and women , the economic and social partners and other competent bodies . the partners concerned should be involved in the preparation of partnership contracts , as well as in the preparation , implementation , monitoring and evaluation of programming . ### action by the union should be complementary to action carried out by member states or seek to contribute to that action . in order to ensure significant added value the partnership between the commission and member states should be strengthened through arrangements for the participation of various types of partners , including the representative social partners , with full regard to the institutional competences of the member states . particular attention should be paid to ensuring adequate representation for women and minority groups . this partnership concerns regional , local and other public authorities , as well as other appropriate bodies , including those responsible for the environment and for the promotion of equality between men and women , the economic and social partners and other competent bodies . the partners concerned should be involved in the preparation of partnership contracts , as well as in the preparation , implementation , monitoring and evaluation of programming .


### diversification of fisheries activities into other sectors of maritime economy and growth of maritime economy , including mitigation of climate change . ### diversification of fisheries activities into other sectors of maritime economy , mobility of employed fishermen if made redundant and growth of maritime economy , including mitigation of climate change .


### in fisheries areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors . ### in fisheries areas , community - led local development should encourage innovative and inclusive approaches to create sustainable and high - quality growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors .


### conscious of the weak presence of small scale coastal fishermen in the social dialogue , the emff should support organisations promoting this dialogue in the appropriate fora . ### considering the weakness of social dialogue at the sectoral level , the emff should support organisations promoting this dialogue to build their capacity at regional , national and european level and strengthening the representation of the sector ' s interests .


### which prevents farm losses due to environmental factors , such as flooding , predators , theft and vandalism and ensures appropriate disposal of dead organisms ; ” ### which prevents losses of specimens or biological material due to factors such as flooding – for which reason the facility must be situated at a safe distance from open waters – predators , theft and vandalism and ensures appropriate disposal of dead organisms ; ”


### member states shall take measures to encourage offenders to provide adequate compensation to victims . ### member states shall take measures to encourage offenders to provide adequate compensation to victims and shall assist victims in the timely enforcement of compensation orders .


### member states shall ensure that victims and their family members , in accordance with their needs , have access to free of charge , confidential victim support services . ### member states shall ensure that victims and their family members have access to free of charge , confidential and appropriate victim support services acting &#160 ; independently and in the interest of the victim&#160 ; from the moment the victims suffer harm , during the criminal proceedings and after their conclusion and regardless of where the crime took place . victims&#160 ; with specific needs&#160 ; shall have access to victim support services specialised in the type of crime the victim suffered , in order to get the best quality support .


### member states shall ensure that victims and their family members , in accordance with their needs , have access to free of charge , confidential victim support services . ### member states shall ensure that victims and their family members , in accordance with their needs , have access to free of charge , confidential victim support services before , during , and for an appropriate amount of time after conclusion of any criminal proceedings .


### member states shall ensure that victims and their family members , in accordance with their needs , have access to free of charge , confidential victim support services . ### member states shall ensure that victims and their family members have access to free of charge , confidential victim support services from the moment the victims suffer harm , during and after the conclusion of criminal proceedings and regardless of where the crime took place .


### member states shall progressively establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted . ### member states shall establish the necessary conditions to enable avoidance of contact between victims and their family members and accused or suspected persons or offenders in any venue where victims may have personal contact with competent authorities due to their being a victim and in particular venues where criminal proceedings are conducted , unless criminal proceedings require such contact or the victims request otherwise .


### member states shall ensure that victims may be heard during criminal proceedings and may supply evidence . ### member states shall ensure that victims may take part in criminal proceedings and that they have the right to be heard during criminal proceedings and to supply evidence .


### member states shall ensure that victims are notified of their right to receive the following information on their case and that they receive this information where they have expressed such a wish : ### member states shall ensure that victims are notified of their right to receive information on their case and that they are able to have access to the relevant case files where they have expressed such a wish , and that they thus receive the following information :


### for the purposes of this directive , the following categories of victims are considered to be vulnerable due to their personal characteristics : ### for the purposes of this directive , the following categories of victims are considered inter alia to have specific needs due to their personal characteristics :


### member states shall ensure that victims may be heard during criminal proceedings and may supply evidence . ### member states shall ensure that victims are heard during criminal proceedings and have the right to supply evidence .


### member states shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention . victims shall receive this information where they have expressed such a wish . ### member states shall ensure that victims are offered the opportunity to be notified , without unnecessary delay , when the person arrested , remanded in custody , prosecuted or sentenced for offences concerning them is released from or has escaped detention . victims shall also be informed of any measures taken for the protection of victims such as restraining orders or no - contact orders . member states shall ensure that victims are provided with effective support and assistance when receiving that information .


### member states shall ensure that victims and their family members , in accordance with their needs , have access to free of charge , confidential victim support services . ### member states shall ensure that victims and their family members , regardless of their legal status , have access to free of charge , easily accessible and confidential victim support services from the moment the victims suffer harm , during the criminal proceedings and after their conclusion and regardless of where the crime took place .


### member states shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention . victims shall receive this information where they have expressed such a wish . ### member states shall ensure that victims are offered the opportunity to be notified , without unnecessary delay , when the person arrested , remanded in custody , prosecuted or sentenced for offences concerning them is released from or has escaped detention . member states shall ensure that victims are provided with effective support and assistance when receiving that information . victims shall receive that information unless the competent authority is aware that notification of release is likely to result in harm to the offender .


### member states shall progressively establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted . ### member states shall establish the necessary conditions to enable avoidance of contact between victims and their relatives and accused or suspected persons or criminals in any venue where victims may have personal contact with the competent authorities due to their being a victim and in particular venues where criminal proceedings are conducted and where restorative justice services are provided , except when victims expressly request it .


### member states shall ensure that police , prosecutors and court staff receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial , respectful and professional manner . ### member states shall ensure that police , prosecutors , court staff , lawyers and any other officials likely to come into contact with victims receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial , respectful and professional manner .


### the suspected or accused person or offender must have accepted responsibility for their act ; ### the offender must have accepted responsibility for his or her act ;


### member states shall facilitate the referral of cases to mediation or other restorative justice services , including through the establishment of protocols on the conditions for referral . ### member states shall promote and facilitate victims ' access to restorative justice services , including through the establishment of guidelines on the conditions for referral .


### member states shall ensure that police , prosecutors and court staff receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial , respectful and professional manner . ### member states shall ensure that police , prosecutors , court staff , lawyers , and any other officials likely to come into contact with victims receive both general and specialist training and guidelines to a level appropriate to their contact with victims to train and sensitise them to the rights and needs of victims and to deal with them in an impartial , respectful and professional and empowering manner .


### member states shall take measures to ensure that those providing victim support and restorative justice services receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial , respectful and professional manner . ### member states shall take measures to ensure that those providing victim support and restorative justice services and other agencies coming into contact with victims of crime , such as health agencies receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial , respectful , professional and empowering manner .


### the suspected or accused person or offender must have accepted responsibility for their act ; ### the offender must have acknowledged the basic facts of the case ;


### member states shall take measures to encourage offenders to provide adequate compensation to victims . ### member states shall take measures to oblige offenders to provide adequate compensation to victims .


### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 114 , article 153 , article168 and article 192 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 114 , article 153 , article 168 , article 192 and article 349 thereof ,


### where a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or subject to conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , and a publicly available list of such medicinal products should be kept up to date by the agency . ### for three years following the placing on the market of a newly authorised medicinal product or where a medicinal product is authorised subject to the requirement to conduct a post - authorisation safety study or subject to conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , which should be labelled with a black triangle and a corresponding explanatory sentence summarising the product characteristics , which should be displayed on the patient information leaflet , and a publicly available list of such medicinal products should be kept up to date by the agency .


### contributions shall not be used to fund activities of third parties , in particular national political parties or political foundations at european or national level , whether in the form of grants , donations , loans or any other similar agreements . ### contributions shall not be used to grant directly or indirectly any personal advantage , in cash or in kind , to any individual member or staff of a european political party . contributions shall not be used to fund directly or indirectly activities of third parties , in particular national political parties or political foundations at european or national level , whether in the form of grants , donations , loans or any other similar agreements . contributions shall not be used to fund directly or indirectly national , regional or local elections , candidates or referendum campaigns , except as provided for in paragraph 1 for referendum campaigns relating to union legislation or institutions .


### administrative and financial penalties which are effective , proportionate and dissuasive may be imposed on applicants by the authorising officer , in accordance with article 109 of this regulation , without prejudice to article 22 of regulation no [ … . ] . ### administrative and financial penalties , which are effective , proportionate , appropriate and dissuasive and take into account the gravity , the duration and the time that has elapsed as well as the intention or degree of negligence , may be imposed on applicants by the authorising officer , in accordance with article 109 of this regulation , without prejudice to article 22 of regulation no [ … . ] . as a penalty , the authorising officer may also withdraw the funding partly or totally .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state or a group of member states shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences .


### the promoter of a project of common interest falling under the categories set out in points 1 to and 2 of annex ii shall keep all concerned national regulatory authorities regularly informed of the progress of that project and the identification of costs and impacts associated with it . as soon as a project of common interest selected pursuant to and falling under the categories set out in points 1 to and 2 of annex ii has reached sufficient maturity , the project promoter shall submit an investment request including a cross - border cost allocation , to the relevant national regulatory authorities , accompanied by the following : ### the promoter of a project of common interest falling under the categories set out in points 1 , and and 2 of annex ii shall keep all concerned national regulatory authorities regularly informed of the progress of that project and the identification of costs and impacts associated with it . as soon as the project has reached sufficient maturity , the project promoter shall submit an investment request including a cross - border cost allocation , to the relevant national regulatory authorities , accompanied by the following :


### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; ### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas , the black sea and the eastern mediterranean basin , notably to enhance diversification and security of gas supply ;


### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 . ### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 and , in the same time frame , prepare it for connecting regions which have high renewable energy production capacity and electricity storage potential . these energy and climate objectives should be met in the most cost - effective way possible ;


### the agency and the groups shall monitor the progress achieved in implementing the projects of common interest . the groups may request additional information provided in accordance with paragraphs 3 , 4 and 5 , verify the provided information on site and convene meetings with the relevant parties . the groups may also request the agency to take measures to facilitate the implementation of projects of common interest . ### the agency and the groups shall monitor the progress achieved in implementing the projects of common interest . to that end , national regulatory authorities and project promoters shall report back to each regional group meeting on progress achieved . the groups may request additional information in accordance with paragraphs 3 , 4 and 5 , verify the information on site and convene meetings with the relevant parties . the groups may also request the agency or the relevant national regulatory authorities to issue guidelines , and instruct project promoters to take measures to accelerate the implementation of projects of common interest in accordance with the implementation plan .


### each group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of annex iii , according to the contribution of each project to implementing the energy infrastructure priority corridors and areas set out in annex i and according to their fulfilment of the criteria set out in article 4 . each individual proposal for a project shall require the approval of the member state , to the territory of which the project relates . ### each group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of annex iii , according to the contribution of each project to implementing the energy infrastructure priority corridors and areas set out in annex i and according to their fulfilment of the criteria set out in article 4 . each individual proposal for a project shall require the approval of the member state , to the territory of which the project relates . due consideration shall be given to projects allowing synergies with other networks , in particular transport and telecommunications networks .


### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of article 5 or if they fulfil the following criteria : ### projects of common interest falling under the categories set out in points 1 to , 2 and 3 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 point of article 5 or if they fulfil the following criteria :


### the european energy programme for recovery has demonstrated the added value of leveraging private funding through significant union financial aid to allow implementation of projects of european significance . the european council of 4 february 2011 recognised that some energy infrastructure projects may require limited public finance to leverage private funding . in the light of the economic and financial crisis and budgetary constraints , targeted support , through grants and financial instruments , should be developed under the next multi - annual financial framework , which will attract new investors into the energy infrastructure priority corridors and areas , while keeping the budgetary contribution of the union to a minimum . ### the european energy programme for recovery has demonstrated the added value of leveraging private funding through significant union financial aid to allow implementation of projects of european significance . the european council of 4 february 2011 recognised that some energy infrastructure projects may require limited public finance to leverage private funding . in the light of the economic and financial crisis and budgetary constraints , targeted support , through grants and financial instruments , should be developed under the next multi - annual financial framework , which will attract new investors into the energy infrastructure priority corridors and areas .


### the decision of the national regulatory authorities for granting such incentives shall consider the results of the cost - benefit analysis on the basis of the methodology elaborated pursuant to and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , risks related to under - recovery of costs and development risks . ### the decision of the national regulatory authorities for granting such incentives shall include an assessment of the cost - benefit analysis and its results on the basis of the methodology elaborated pursuant to article 12 and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , risks related to under - recovery of costs and development risks .


### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of article 14 shall be taken into account when assessing the project ' s commercial viability ; and ### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of article 14 shall be taken into account when assessing the project ' s commercial viability ; or the project promoter can clearly demonstrate that there are disproportionately high financing costs or inability to access market financing due to exceptional financial and economic difficulties facing the member state or member states where the whole or part of the project of common interest is to be implemented ; and


### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources . ### north - south electricity interconnections in central eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources .


### the commission may issue guidelines regarding the incentives laid down in this article in accordance with article 18 to of regulation no 714 / 2009 and article 23 of regulation no 715 / 2009 . ### the commission shall issue guidelines regarding the incentives laid down in this article in accordance with article 18 to of regulation no 714 / 2009 and article 23 of regulation no 715 / 2009 . in that connection , particular account shall be taken of the rules governing additional return on capital laid down in paragraph 3 of this article .


### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of shall be taken into account when assessing the project ' s commercial viability ; and ### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors : – the decision on incentives and its justification referred to in paragraph 3 of article 14 shall be taken into account when assessing the project ' s commercial viability ; and – for hydro - pumped electricity storage , commercial non - viability shall be assessed taking into account a comprehensive evaluation of all revenue streams under different business plan scenarios , reflecting different applicable regulatory regimes .


### – interoperability and secure system operation ; ### – security of supply , inter alia through interoperability , and secure and reliable system operation , in particular through strengthening of current transmission stability , increasing electricity blackout resilience , and secure integration of intermittent production ;


### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources . ### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market , to end the isolation of island electrical systems and integrate generation from renewable energy sources .


### each group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of annex iii , according to the contribution of each project to implementing the energy infrastructure priority corridors and areas set out in annex i and according to their fulfilment of the criteria set out in article 4 . each individual proposal for a project shall require the approval of the member state , to the territory of which the project relates . ### each group shall draw up its regional proposed list of projects of common interest , taking into account : – the process set out in section 2 of annex iii ; and – the contribution of each project to implementing the objectives of the energy infrastructure priority corridors and areas as set out in annex i ; and – the fulfilment by each project of the criteria set out in article 4 and ; and – an assessment of the project ' s contribution towards each of the specific criteria defined under article 4 . 2 to , as applicable for each project category , and in accordance with article . 4 ) ; and – the contribution to the objectives of territorial cohesion .


### within one month of the entry into force of this regulation , the entso for electricity and the entso for gas shall submit to the agency and the commission their respective methodology , including on network and market modelling , for a harmonised energy system - wide cost - benefit analysis at union - wide level for projects of common interest falling under the categories set out in points 1 to and 2 of annex ii . the methodology shall be elaborated in line with the principles laid down in annex v . ### within three months of the entry into force of this regulation , the entso for electricity and the entso for gas shall submit to the agency and the commission their respective methodology , including on network and market modelling , for a harmonised energy system - wide cost - benefit analysis at union - wide level for projects of common interest falling under the categories set out in points 1 to and 2 of annex ii . the methodology shall be elaborated in line with the principles and criteria laid down in article 4 , annex iv and annex v . the entso for electricity and the entso for gas shall consult with relevant stakeholders , including infrastructure users and non - tso project developers , early during the development of the methodology .


### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; ### north - south gas interconnections in central eastern and south eastern europe : regional gas infrastructures and connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ;


### electricity highways : first electricity highways by 2020 , in view of building an electricity highways system across the union ; ### electricity highways : first electricity highways by 2020 , in view of building an electricity highways system across the union , especially connecting regions which have high renewable energy production capacity and storage potential ;


### the establishment of a single competent authority at national level integrating or coordinating all permit granting procedures should reduce complexity , increase efficiency and transparency and help enhance cooperation among member states . ### the establishment of a single competent authority at national level integrating all permit granting procedures should reduce complexity , increase efficiency and transparency and help enhance cooperation among member states .


### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of or if they fulfil the following criteria : ### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of article 5 or if they fulfil the following criteria :


### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 . ### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for a low - carbon energy system based on renewable energy sources towards 2050 . the role of fossil fuels must decline and should be reduced nearly to zero towards 2050 , so as to render feasible a 95% cut in ghg emissions . the share of renewable energy in the energy mix should rise gradually to 95% towards 2050 , with intermediate targets of 45% towards 2020 and 70% towards 2040 .


### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; ### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas , the black sea and the eastern mediterranean basin , notably to enhance diversification and security of gas supply ;


### the agency and the groups shall monitor the progress achieved in implementing the projects of common interest . the groups may request additional information provided in accordance with paragraphs 3 , 4 and 5 , verify the provided information on site and convene meetings with the relevant parties . the groups may also request the agency to take measures to facilitate the implementation of projects of common interest . ### the agency and the groups shall monitor the progress achieved in implementing the projects of common interest . to that end , national regulatory authorities and project promoters shall report back to each regional group meeting on progress achieved . the groups may request additional information in accordance with paragraphs 3 , 4 and 5 , verify the information on site and convene meetings with the relevant parties . the groups may also request the agency or the relevant national regulatory authorities to issue guidelines , and instruct project promoters to take measures to accelerate the implementation of projects of common interest in accordance with the implementation plan .


### the decision of the national regulatory authorities for granting such incentives shall consider the results of the cost - benefit analysis on the basis of the methodology elaborated pursuant to article 12 and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , risks related to under - recovery of costs and development risks . ### the decision of the national regulatory authorities for granting such incentives shall consider the results of the cost - benefit analysis on the basis of the methodology elaborated pursuant to article 12 and in particular the regional or union - wide positive effects generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall include risks related to under - recovery of costs and development risks .


### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 . ### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , and taking into account anticipated future costs for energy consumers , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 .


### the investment costs related to a project of common interest falling under the categories set out in points 1 to and 2 of annex ii shall be borne by the transmission system operator of the member state to which the project provides a net positive impact , and be paid for by network users through tariffs for network access . ### the investment costs related to a project of common interest falling under the categories set out in points 1 , and and 2 of annex ii shall be borne by the transmission system operator or by the storage system operator , as applicable , of the member state to which the project provides a net positive impact , and be paid for by network users through tariffs for network access .


### – market integration , competition and system flexibility ; ### – market integration , inter alia through lifting the isolation of certain regions in the european union ; competition and system flexibility ;


### with the objective of meeting the time limits set out in and reducing the administrative burden for the completion of projects of common interest , member states shall , within nine months from the entry into force of this regulation , take measures to streamline the environmental assessment procedures . these measures shall be without prejudice to obligations resulting from union legislation . ### with the objective of meeting the time limits set out and reducing the administrative burden for the completion of projects of common interest , member states shall take measures to streamline the environmental assessment procedures provided for in national legislation or administrative rules . these measures shall be without prejudice to obligations resulting from union legislation and national legislation .


### the decision of the national regulatory authorities for granting such incentives shall consider the results of the cost - benefit analysis on the basis of the methodology elaborated pursuant to and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , risks related to under - recovery of costs and development risks . ### the decision of the national regulatory authorities for granting such incentives shall include an assessment of the cost - benefit analysis and its results on the basis of the methodology elaborated pursuant to article 12 and in particular the regional or union - wide positive externalities generated by the project . the national regulatory authorities shall further analyse the specific risks incurred by the project promoter , the risk mitigation measures taken and the justification of this risk profile in view of the net positive impact provided by the project , when compared to a lower - risk alternative . eligible risks shall notably include risks related to new transmission technologies , both onshore and offshore , risks related to under - recovery of costs and development risks .


### the court of auditors shall have the authority to supervise beneficiaries of the agency ' s funding as well as contractors and sub - contractors who have received union funds via the agency , on the basis of documents provided to it or on - the - spot checks . ### the court of auditors shall have the authority to audit and power of audit over all beneficiaries of the agency ' s funding as well as contractors and sub - contractors who have received union funds via the agency , on the basis of documents provided to it or on - the - spot checks .


### the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particular to the situation of small and medium - sized enterprises . the penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements . ### the penalties referred to in the first subparagraph shall have regard to the seriousness of the infringement and the amount of undue revenue derived from it . the penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements .