### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 5 , 12 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary . ### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 3 , 5 , 10 , 12 , 15 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary .


### the employer has been sanctioned for employment of illegally staying third - country nationals in accordance with article 9 of directive 2009 / 52 / ec of the european parliament and of the council51 , or for undeclared work or illegal employment according to national law . __________________ 51 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### where the employer has been sanctioned for employment of illegally staying third - country nationals in accordance with article 9 of directive 2009 / 52 / ec of the european parliament and of the council51 , or for undeclared work or illegal employment according to national law ; __________________ 51 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### the second member state may reject an application for an eu blue card on the basis of a check made in accordance with article 6 after a justified notification as set out in that article , and only if the second member state has also introduced such checks for third - country nationals coming from third countries under this directive . ### where a second member state objects to mobility , that objection shall not affect the renewal of the eu blue or the re - entry of the eu blue card holder and his or her family members to the first member state . upon request of the second member state , the first member state shall allow such re - entry without formalities and without delay . this shall also apply if the eu blue card issued by the first member state has expired or has been withdrawn during the notification period . the eu blue card holder or his or her employer in the second member state may be held liable for the costs relating to the re - entry of the eu blue card holder and his or her family members .


### member states shall determine whether applications for an eu blue card are to be made by the third - country national or by the employer . member states may also allow an application from either of the two . ### member states shall allow applications for an eu blue card from either the third - country national or by the employer . where an application involves a recognised employer in accordance with article 12 , the employer shall lodge the application . an application made by the employer shall not restrict the procedural rights enjoyed by the third - country national seeking the eu blue card during the application procedure , or the rights enjoyed by the eu blue card holder during the period of employment or the eu blue card renewal procedure .


### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family was already constituted in the first member state , the members of his or her family shall be authorised to accompany him or her and to enter and stay in the second member state based on the valid residence permits obtained as family members of an eu blue card holder in the first member state . ### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family has joined the eu blue card holder or where the family has been constituted in the first member state , the members of the eu blue card holder ' s family shall be entitled to accompany him or her and to enter and stay in the second member state based on valid residence permits obtained as family members of the eu blue card holder in the first member state . where the eu blue card is issued by a member state not applying the schengen acquis in full and the family members of an eu blue card holder join him or her when crossing an external border for the purpose of moving to a second member state , the second member state shall be entitled to require that family members present their residence permits in the first member state as family members of the eu blue card holder .


### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his employer or both shall submit an application for an eu blue card to the competent authority of that member state and present all the documents proving the fulfilment of the conditions referred to in paragraph 3 for the second member state . ### as soon as possible and no later than one month after entering the territory of the second member state , the eu blue card holder or his or her employer or both shall notify the competent authority of that second member state of his or her employment in that member state and shall present the documents required under paragraph 3 .


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to this group of eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . __________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection and certain categories of applicants for international protection have a set of rights including labour market access in the member state having granted them protection or responsible for their application for international protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection , or applicant for international protection , and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to refugees who are eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . __________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification .


### any decision to reject an application for an eu blue card or to withdraw or refuse to renew an eu blue card should take into consideration the specific circumstances of the case and respect the principle of proportionality . in particular , where the ground for rejection is related to the activity of the employer , a minor misconduct should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permit . ### any decision to reject an application for an eu blue card or to withdraw or refuse to renew an eu blue card should take into consideration the specific circumstances of the case and be proportionate . in particular , where the ground for rejection , withdrawal or refusal to renew is related to the conduct of the employer , minor misconduct of the employer should not in any case constitute the sole ground for rejecting an application or withdrawing or refusing to renew the permit .


### member states shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions , including the rights , obligations and procedural safeguards , of the third - country nationals falling under the scope of this directive and of their family members . this information shall include information on the salary thresholds set in the member state concerned in accordance with article 5 , and , and on the applicable fees . ### member states shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions , including the rights , obligations and procedural safeguards , of the third - country nationals falling under the scope of this directive and of their family members . this information shall include , where applicable , information on the salary thresholds and where there is any fee for the application in the member state concerned , and information on any occupations or sectors of employment suffering acute levels of unemployment for the purposes of article 6 .


### an eu - wide admission system to attract and retain highly skilled workers into the union should be created . member states should issue an eu blue card instead of a national permit to all applicants falling within the scope of this directive . member states should retain the right to issue permits other than eu blue card for any purpose of employment to third - country nationals who fall outside of the scope of this directive , subject to the limitations following from other directives in the area of labour migration . ### a clear and transparent eu - wide admission system to attract and retain highly skilled workers into the union should be created , without leading to an imbalance in the eu labour market . member states should issue an eu blue card instead of a national permit to all applicants falling within the scope of this directive . member states should retain the right to issue permits other than eu blue card for any purpose of employment to third - country nationals who fall outside of the scope of this directive , subject to the limitations following from other directives in the area of labour migration .


### eu blue card holders should be allowed to move to a second member state under simplified conditions where they intend to apply for a new eu blue card based on an existing work contract or binding job offer . second member states should not be allowed to require from eu blue card holders any other authorisation than the eu blue card issued by the first member state . as soon as they submit an application for an eu blue card within the deadline provided for in this directive , they should be allowed to begin employment . in the second member state the procedure for issuing an eu blue card should be simplified compared to the first eu blue card ; as the mobile eu blue card holder has already exercised highly skilled activity in one member state for a certain period of time , the second member state should not have the need to control all the same details for a second time . however , mobility should remain demand - driven and therefore a work contract should always be required in the second member state , and the salary should meet the threshold set by the second member state in accordance with this directive . ### eu blue card holders should be allowed to move to a second member state under their eu blue card subject to notifying the second member state of the fact that they are moving to that second member state for the purposes of employment under the eu blue card . second member states should not be allowed to require from eu blue card holders any authorisation other than the eu blue card issued by the first member state . once the eu blue card holder has submitted his or her notification within the deadline provided for in this directive , they should be allowed to begin employment . the second member state should retain the right to object to the mobility , but the procedure should be simplified ; as the mobile eu blue card holder has already exercised highly skilled activity in one member state for a certain period of time , the second member state should not have the need to control all the same details for a second time . however , a work contract should always be required in the second member state , all the conditions in applicable laws , collective agreements or practices in the relevant occupational branch should be met , and , if relevant , the salary should meet the threshold set by the second member state in accordance with this directive .


### this directive should not apply to categories of third - country nationals to whom a particular scheme under union law , with specific entry conditions and sets of rights , applies when the inclusion of those categories in this directive would go against the rationale of the particular scheme , create unnecessary legal complexity or entail a risk of abuses . this directive should not apply to third - country nationals who apply to reside in a member state as researchers in order to carry out a research project , as they fall within the scope of directive 2016 / 801 of the european parliament and of the council37 which introduces a specific procedure for admitting third - country nationals for the purposes of scientific research . however , once admitted under directive 2016 / 801 , legally residing researchers should be entitled to apply for an eu blue card under this directive for other purposes than those covered under directive 2016 / 801 . __________________ 37 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing . ### this directive should not apply to third - country nationals who apply to reside in a member state as researchers in order to carry out a research project , as they fall within the scope of directive 2016 / 801 of the european parliament and of the council37 which introduces a specific procedure for admitting third - country nationals for the purposes of scientific research . however , once admitted under directive 2016 / 801 , legally residing researchers should be entitled to apply for an eu blue card under this directive for other purposes than those covered under directive 2016 / 801 . equally , legally residing eu blue card holders should be entitled to apply to reside as researchers under directive 2016 / 801 . the provisions of that directive should be clarified so as to ensure such a possibility . __________________ 37 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing .


### for the purpose of residence of beneficiaries of international protection across member states , it is necessary to ensure that member states other than the one which issued international protection are informed of the protection background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement . ### for the purpose of residence of beneficiaries of international protection or the relevant category of applicants for international protection across the member states , it is necessary to ensure that member states other than the one which issued international protection , or the one that is responsible for the application for international protection , are informed of the protection or application background of the persons concerned in order to enable member states to comply with their obligations regarding the principle of non - refoulement .


### for unregulated professions , present evidence attesting higher professional qualifications ; ### for unregulated professions present evidence attesting higher education qualifications or higher professional skills ;


### member states may refuse to recognise an employer pursuant to paragraph 1 , where the employer has been sanctioned for employment of illegally staying third - country nationals pursuant to directive 2009 / 52 / ec . ### member states may refuse to recognise an employer pursuant to paragraph 1 , where the employer has been sanctioned for employment of illegally staying third - country nationals pursuant to directive 2009 / 52 / ec or where the employer has failed to meet its legal obligations regarding social security , taxation , labour rights or working conditions .


### it is necessary to respond to the challenges identified in the implementation report on directive 2009 / 50 / ec . the union should aim at establishing a more attractive and effective eu - wide scheme for highly skilled workers . the union approach on attracting highly skilled workers should be further harmonised and the eu blue card should be made the primary tool in that regard with faster procedures , more flexible and inclusive admission criteria , and more extensive rights including more facilitated intra - eu mobility . as this would entail substantial changes to directive 2009 / 50 / ec , that directive should therefore be repealed and replaced by a new directive . ### it is necessary to respond to the challenges identified in the implementation report on directive 2009 / 50 / ec . the union should aim at establishing a more attractive and effective eu - wide scheme for highly skilled workers . the revision of the blue card directive also provides an opportunity to make improvements regarding safe and legal channels into europe . the union approach on attracting highly skilled workers should be further harmonised and the eu blue card should be made the primary tool in that regard with faster procedures , more flexible and inclusive admission criteria , and more extensive rights including more facilitated intra - eu mobility . as this would entail substantial changes to directive 2009 / 50 / ec , that directive should therefore be repealed and replaced by a new directive .


### without prejudice to paragraph 1 , any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality . ### any decision to reject an application pursuant to paragraph 3 shall take account of the specific circumstances of the case and shall be proportionate .


### where the conditions laid down in this article are not fulfilled , refuse to issue an eu blue card and oblige the applicant and his family members , in accordance with the procedures provided for in national law , to leave its territory . ### where the conditions laid down in this article are not fulfilled , to object to the mobility and oblige the applicant and his family members , in accordance with the procedures provided for in national law , to leave its territory .


### where the eu blue card holder moves to a second member state to apply for an eu blue card and he or she is accompanied by family members , that member state should be able to require evidence of their lawful residence in the first member state . besides , in case of crossing of an external border within the meaning of regulation 2016 / 399 , the members states applying the schengen acquis in full should consult the schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay , as referred to in regulation no 1987 / 2006 of the european parliament and of the council45 , has been issued in that system . __________________ 45 regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system . ### where the eu blue card holder moves to a second member state to apply for an eu blue card and he or she is accompanied by family members , that member state should be able to require the family members to present their residence permits issued in the first member state . in case of crossing of an external border within the meaning of regulation 2016 / 399 , the members states applying the schengen acquis in full should consult the schengen information system and should refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry or stay , as referred to in regulation no 1987 / 2006 of the european parliament and of the council45 , has been issued in that system . __________________ 45 regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system .


### olive oil is tunisia’s main agricultural export product to the union and the olive oil industry is an important part of the country’s economy . ### olive oil is tunisia’s main agricultural export product to the union and the olive oil industry is an important part of the country’s economy , as it is for some regions of certain member states .


### in order to prevent fraud , the envisioned autonomous trade measures should be subject to compliance by tunisia with the union’s relevant rules regarding the origin of products and the procedures related thereto , as well as to tunisia’s effective administrative cooperation with the union . ### in order to prevent fraud and to ensure that the envisioned autonomous trade measures will really benefit the tunisian economy , they should be subject to compliance by tunisia with the union’s relevant rules regarding the origin of products and the procedures related thereto , as well as to tunisia’s effective administrative cooperation with the union .


### the european council of october 2014 set a 27 % energy efficiency target for 2030 , to be reviewed by 2020 ' having in mind an union level of 30 % ' . in december 2015 , the european parliament called upon the commission to also assess the viability of a 40 % energy efficiency target for the same timeframe . it is therefore appropriate to review and consequently amend the directive to adapt it to the 2030 perspective . ### the european council of october 2014 set a 27 % energy efficiency target for 2030 , to be reviewed by 2020 ' having in mind an union level of 30 % ' . in june 2016 , the european parliament called upon the commission to set a binding 40 % energy efficiency target for the same timeframe . it is therefore appropriate to review and consequently amend the directive to adapt it to the 2030 perspective .


### improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty . member states can already require obligated parties to include social aims in energy saving measures , in relation to energy poverty , and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to member states with regard to the size , scope and content of such measures . in line with article 9 of the treaty , the union ' s energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers . ### improvements to the energy efficiency of buildings should benefit in particular low - income consumers at risk of energy poverty . member states can already require obligated parties to include social aims in energy saving measures , in relation to energy poverty , and this possibility should now be extended to alternative measures , strengthened to require a significant share to be implemented as a priority , and transformed into an obligation while leaving full flexibility to member states with regard to the size , scope and content of such measures . in line with article 9 of the treaty , the union ' s energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers .


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


### in new buildings of the kind referred to in the first sub - paragraph or when such a building undergoes major renovation , as set out in directive 2010 / 31 / eu , individual meters shall always be provided . ### in new buildings of the kind referred to in the first sub - paragraph or when such a building undergoes major renovation , as set out in directive 2010 / 31 / eu , hot - water meters shall be provided , where technically feasible , cost effective and proportionate in relation to the potential energy savings and while ensuring that this does not increase the risk of energy poverty .


### member states shall continue to achieve new annual savings of 1 . 5% for ten year periods after 2030 , unless reviews by the commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the union ' s long term energy and climate targets for 2050 . ### member states shall continue to achieve new annual savings of 1 . 5% for ten year periods after 2030 , unless reviews by the commission by 2027 and every 10 years thereafter conclude that the union ' s long term energy , climate and decarbonisation targets for 2050 .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are binding targets at both national and union level in the 2030 perspective . the need for the union to achieve its energy efficiency targets , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 40 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national targets based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national binding energy efficiency targets taking into account that the union’s 2030 energy consumption has to be no more than 1 129 mtoe of primary energy and no more than 825 mtoe of final energy . this means that primary energy consumption should be reduced by 34 % and final energy consumption should be reduced by 31 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### member states shall ensure that enterprises that are not smes are subject to an energy audit carried out in an independent and cost - effective manner by qualified and / or accredited experts or implemented and supervised by independent authorities under national legislation by 5 december 2015 and at least every four years from the date of the previous energy audit . ### in article 8 , paragraph 4 is replaced by the following : “4 . member states shall ensure that enterprises that are not smes and enterprises that are smes with high energy consumption per employee or per turnover are subject to an energy audit carried out in an independent and cost - effective manner by qualified and / or accredited experts or implemented and supervised by independent authorities under national legislation by 5 december 2015 and at least every four years from the date of the previous energy audit . ”


### member states shall designate , on the basis of objective and non - discriminatory criteria , obligated parties among energy distributors and / or retail energy sales companies operating in its territory and may include transport fuel distributors or transport fuel retailers operating in its territory . the amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers , designated by the member state , independently of the calculation made pursuant to article 7 , or , if member states so decide , through certified savings stemming from other parties as described in point of paragraph 5 . ### member states shall designate , on the basis of objective and non - discriminatory criteria , obligated parties among energy distributors and / or retail energy sales companies operating in its territory and shall include transport fuel distributors and transport fuel retailers operating in its territory . the amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers , designated by the member state , independently of the calculation made pursuant to article 7 , or , if member states so decide , through certified savings stemming from other parties as described in point of paragraph 5 .


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


### energy efficiency obligation schemes ### energy efficiency support schemes


### for the calculation of the amount of energy savings required for the period referred to in point of paragraph 1 member states may make use of points , , , and of paragraph 2 ; ### for the calculation of the amount of energy savings required for the period referred to in point of paragraph 1 member states may make use of points and of paragraph 2 ;


### member states shall ensure that , in so far as it is technically possible , financially reasonable and proportionate in relation to the potential energy savings , final customers for natural gas are provided with competitively priced individual meters that accurately reflect the final customer ' s actual energy consumption and that provide information on actual time of use . ### member states shall ensure that , in so far as it is technically possible , cost effective and proportionate in relation to the potential energy savings , final customers for natural gas are provided with competitively priced individual meters that accurately reflect the final customer ' s actual energy consumption and that provide information on actual time of use .


### in order to be able to evaluate the effectiveness of directive 2012 / 27 / eu , a requirement for a general review of the directive and a report to the european parliament and the council by 28 february 2024 should be introduced . ### energy and climate law is complementary and should be mutually reinforcing . thus , as part of the obligations under the paris agreement , within six months of the unfccc global stocktake in 2023 the commission should undertake a general review of directive 2012 / 27 / eu and introduce a report to the european parliament and the council assessing the general effectiveness of directive 2012 / 27 / eu and the need to adjust the union ' s energy efficiency policy according to the objectives of the paris agreement . such a review and report should be undertaken in subsequent global stocktakes thereafter .


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


### where the use of individual meters is not technically feasible or where it is not cost - efficient to measure heating or cooling in each building unit , individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the member state in question that the installation of such heat cost allocators would not be cost efficient . in those cases , alternative cost - efficient methods of heat consumption measurement may be considered . the conditions of technical non - feasibility and non - cost effectiveness shall be clearly set out and published by each member state . ### where the use of individual meters is not technically feasible or where it is not cost - efficient or proportionate in relation to the potential energy savings to measure heating or cooling in each building unit , individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the member state in question that the installation of such heat cost allocators would not be cost efficient . in those cases , alternative cost - efficient methods of heat consumption measurement may be considered . the conditions of technical non - feasibility and non - cost effectiveness shall be clearly set out and published by each member state .


### for the calculation of the amount of energy savings required for the period referred to in point of paragraph 1 member states may make use of points , , and of paragraph 2 , provided individual actions in the meaning of point continue to have a verifiable and measurable impact after 31 december 2020 . ### for the calculation of the amount of energy savings required for the period referred to in point of paragraph 1 member states may make use of points and of paragraph 2 .


### long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next union 2030 energy efficiency target , those measures should deliver new savings after 2020 . on the other hand , energy savings achieved after 31 december 2020 may not count towards the cumulative savings amount required for the period from 1 january 2014 to 31 december 2020 . ### long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next union 2030 energy efficiency target , as well as the union ' s climate and energy goals for 2050 , those measures should deliver new savings after 2020 . on the other hand , energy savings achieved after 31 december 2020 may not count towards the cumulative savings amount required for the period from 1 january 2014 to 31 december 2020 .


### where multi - apartment and multi - purpose buildings are supplied from district heating or cooling , or where own common heating or cooling systems for such buildings are prevalent , member states shall introduce transparent rules on the allocation of the cost of heating , cooling and hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption including : ### where multi - apartment and multi - purpose buildings are supplied from district heating or cooling , or where own common heating or cooling systems for such buildings are prevalent , member states shall introduce and make public transparent national rules on the allocation of the cost of heating , cooling and hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption including :


### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source . ### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also be clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source .


### in view of the climate and energy framework for 2030 the energy savings obligation should be extended beyond 2020 . extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures , such as the renovation of buildings . ### in view of the climate and energy framework for 2030 and the union ' s long - term decarbonisation goals the energy savings obligation should be extended beyond 2020 . extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures , such as the renovation of buildings and moving towards ' nearly zero energy buildings ' .


### allow energy savings achieved in the energy transformation , distribution and transmission sectors , including efficient district heating and cooling infrastructure , as a result of implementing the requirements set out in article 14 , point of article 14 and article 15 to and , to be counted towards the amount of energy savings required under paragraph 1 ; ### allow energy savings from renewable energy sources achieved in the energy transformation , distribution and transmission sectors , including efficient district heating and cooling infrastructure , as a result of implementing the requirements set out in article 14 , point of article 14 and article 15 to and , to be counted towards the amount of energy savings required under paragraph 1 ;


### in new buildings of the kind referred to in the first sub - paragraph or when such a building undergoes major renovation , as set out in directive 2010 / 31 / eu , individual meters shall always be provided . ### in new buildings of the kind referred to in the first sub - paragraph or when such a building undergoes major renovation , as set out in directive 2010 / 31 / eu , hot - water meters shall be provided , where technically feasible , cost effective and proportionate in relation to the potential energy savings and while ensuring that this does not increase the risk of energy poverty .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are binding targets at both national and union level in the 2030 perspective . the need for the union to achieve its energy efficiency targets , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 40 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national targets based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national binding energy efficiency targets taking into account that the union’s 2030 energy consumption has to be no more than 1 129 mtoe of primary energy and no more than 825 mtoe of final energy . this means that primary energy consumption should be reduced by 34 % and final energy consumption should be reduced by 31 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### number of participants in solidarity projects ; ### number of young disadvantaged participants in solidarity projects ;


### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market to accomplish , within its life span , multiple trips or rotations by being returned to the producer for refill or re - used for the same purpose for which it was conceived ; ### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is conceived , designed or placed on the market to be used only once , or is effectively used only once before it is discarded ;


### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate . ### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in and for disintegration the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate .


### appropriate waste disposal options for the product or waste disposal means to be avoided for that product , ### appropriate waste disposal options for the product and waste disposal means to be avoided ,


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


### in order to clearly define the scope of this directive the term single - use plastic product should be defined . the definition should exclude plastic products that are conceived , designed and placed on the market to accomplish within their lifecycle multiple trips or rotations by being refilled or reused for the same purpose for which they are conceived . ### in order to clearly define the scope of this directive the term single - use plastic product should be defined . the definition should include disposable products that are made wholly or primarily from plastic and that are conceived , designed or placed on the market to be used only once .


### the annex listing single - use plastic products needs to be reviewed ; ### the annex listing single - use plastic products needs to be extended , in particular to single - use plastic products that are easily replaceable or avoidable , even if those products are not frequently found in the marine environment ;


### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of one or more of the following : ### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking , both on packaging containing several units and on each separate unit , when packaged individually , informing consumers of the following :


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### member states shall take the necessary measures to collect separately , by 31 december 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight and at least 70% by weight of such waste shall be recycled on the basis of the rules for achieving the targets laid down in article 6a of directive 94 / 62 / ec . in order to achieve that objective member states may inter alia :


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


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


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . ___________________ 44 council regulation no 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . to that end , it is necessary to lay down minimum reduction targets , a calculation methodology and a benchmark year to verify that the agreed targets have been met within a certain period of time . ___________________ 44 council regulation no 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labelling .


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


### in order to clearly define the scope of this directive the term single - use plastic product should be defined . the definition should exclude plastic products that are conceived , designed and placed on the market to accomplish within their lifecycle multiple trips or rotations by being refilled or reused for the same purpose for which they are conceived . ### in order to clearly define the scope of this directive the term single - use plastic product should be defined . single - use plastic products should be defined as all products which are manufactured in whole or in part from plastic and which are placed on the market with the purpose of being used a single time or which possess the classic properties of single - use products : tending to appear as litter or to accumulate in waters ; having a short lifespan , being predominantly used while travelling , or if reusable or non - plastic alternatives are available .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements1 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . _________________ 1 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter and in passively fished waste collected during normal fishing operations indicates that the existing legal requirements1 do not provide sufficient incentives to return such fishing gear or such passively fished waste to shore for collection and treatment . under regulation no 1224 / 2009 , if lost fishing gear cannot be retrieved the master of the vessel must inform the competent authority of its flag member state . however , regulation no 1224 / 2009 does not monitor such losses of fishing gear in consistent way and implementation of the reporting requirements remains poor . therefore , the revision of the control regulation should lay down further measures strengthening the capacity of retrieval of lost gear and of reporting and in particular the data on lost fishing gear should be collected and recorded by the member states and forwarded annually to the commission . furthermore , the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste and passively fished waste on shore as well as lost or discarded fishing gear , in order to avoid any potential increase in the indirect waste fee to be paid . the delivery of passively fished waste should not result in additional costs to be borne by fishermen . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling as well as recovery efforts for lost , abandoned and discarded fishing gear . such systems should provide for modulated financial contributions for gear designed for reuse and recycling , in line with the requirements of directive 2008 / 98 / ec and should be supplemented by a collection target for waste fishing gear . in addition to such initiatives , member states should undertake activities to promote the development of fishing gear using more sustainable and environmentally - friendly materials ; _________________ 1 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec


### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems and low participation in those systems by the consumers . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quality of the recyclates , offering opportunities for the recycling business and the market for the recyclate . ### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems and low participation in those systems by the consumers . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection and recycling targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quantity of the recyclates , offering opportunities for the recycling business and the market for the recyclate .


### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market to accomplish , within its life span , multiple trips or rotations by being returned to the producer for refill or re - used for the same purpose for which it was conceived ; ### ' single - use ' means conceived , designed or placed on the market to be used once , for a short period of time and , based on a harmonised methodology , has been identified as accounting for a significant proportion of marine litter found in the eu ;


### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products within the scope of this directive and their single - use substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate . ### sufficient scientific and technical progress has been made , and criteria or a standard for biodegradability in the marine environment applicable to single - use plastic products or to fishing gear containing plastic within the scope of this directive and their substitutes have been developed , in order to determine which products no longer need to be subject to the restrictions on placing on the market , where appropriate .


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the single - use plastics products which are found most frequently , in counts , on beaches in the union .


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


### ‘ fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or capture marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and capturing such marine biological resources ; ### ‘ fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target , capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting , capturing or retaining such marine biological resources ;


### caps and lids , with a significant part made of plastic , from beverage containers are among the most found single - use plastic items littered on union beaches . therefore , beverage containers that are single - use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids . for beverage containers that are single - use plastic products and packaging , this requirement is an addition to the essential requirements on the composition and the reusable and recoverable , including recyclable , nature of packaging set out in annex ii of directive 94 / 62 / eec . in order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market , it is necessary to develop a harmonised standard adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council45 and the compliance with that standard should allow presumption of conformity with those requirements . sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement . ___________________ 45 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council . ### caps and lids , with a significant part made of plastic , from beverage containers are among the most found single - use plastic items littered on union beaches . therefore , beverage containers that are single - use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids and increasing the quantities recycled . for beverage containers that are single - use plastic products and packaging , this requirement is an addition to the essential requirements on the composition and the reusable and recoverable , including recyclable , nature of packaging set out in annex ii of directive 94 / 62 / eec . in order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market , it is necessary to develop a harmonised standard adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council45 and the compliance with that standard should allow presumption of conformity with those requirements . sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement . ___________________ 45 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a non - toxic circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market .


### member states shall ensure that single - use plastic products listed in part c of the annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage . ### member states shall ensure that single - use plastic products listed in part c of the annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product ' s intended use stage and are both made of the same plastic polymer as set out in the identification system in annex i to commission decision 129 / 97 / ec .


### —beverage containers , i . e . receptacles used to contain liquid such as beverage bottles including their caps and lids ### —beverage containers , i . e . receptacles used to contain liquid such as beverage bottles including their labels , caps and lids


### ‘ fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or capture marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and capturing such marine biological resources ; ### ‘ fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting , capturing or retaining such marine biological resources ;


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union , and fishing gear which causes significant damage as marine pollution . in addition , in the context of transitioning to a circular economy , member states should aim to achieve an overall reduction in the consumption of all single - use products and packaging . in doing so it has to avoid any discrimination .


### the commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 by . . . [ 12 months before the end - date for transposition of this directive ] . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 .


### it is feasible to establish binding quantitative union targets for the consumption reduction of , in particular , single - use plastic products listed in part a of the annex ; ### it is feasible to review the quantitative consumption reduction targets laid down in article 4 ;


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches and coastal waters in the union .


### in order to clearly define the scope of this directive the term single - use plastic product should be defined . the definition should exclude plastic products that are conceived , designed and placed on the market to accomplish within their lifecycle multiple trips or rotations by being refilled or reused for the same purpose for which they are conceived . ### in order to clearly define the scope of this directive , the term single - use plastic product should be defined . the definition should include disposable products which are made wholly or partly from plastic and which are conceived , designed or placed on the market to be used only once , or are effectively used only once before being discarded . typical characteristics of single - use items are : prone to littering and prevalently ending in the marine environment ; a short use phase ; consumed predominantly away from home ; or where reusable or non - plastic alternatives exist .


### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use alternatives and substitution of materials would be promoted . ### for other single - use plastic products , suitable and more sustainable alternatives that are also affordable are readily available . in order to limit the adverse impact of such products on the environment , member states should be required to prohibit their placing on the union market . this should , among other specific types of plastic , cover all oxo - degradable plastic which does not safely biodegrade and therefore fails to deliver environmental benefit . by doing so , the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models , re - use , compostable alternatives and substitution of materials would be promoted .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements1 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . _________________ 1 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter and in passively fished waste collected during normal fishing operations indicates that the existing legal requirements1 do not provide sufficient incentives to return such fishing gear or such passively fished waste to shore for collection and treatment . under regulation no 1224 / 2009 , if lost fishing gear cannot be retrieved the master of the vessel must inform the competent authority of its flag member state . however , regulation no 1224 / 2009 does not monitor such losses of fishing gear in consistent way and implementation of the reporting requirements remains poor . therefore , the revision of the control regulation should lay down further measures strengthening the capacity of retrieval of lost gear and of reporting and in particular the data on lost fishing gear should be collected and recorded by the member states and forwarded annually to the commission . furthermore , the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste and passively fished waste on shore as well as lost or discarded fishing gear , in order to avoid any potential increase in the indirect waste fee to be paid . the delivery of passively fished waste should not result in additional costs to be borne by fishermen . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling as well as recovery efforts for lost , abandoned and discarded fishing gear . such systems should provide for modulated financial contributions for gear designed for reuse and recycling , in line with the requirements of directive 2008 / 98 / ec and should be supplemented by a collection target for waste fishing gear . in addition to such initiatives , member states should undertake activities to promote the development of fishing gear using more sustainable and environmentally - friendly materials ; _________________ 1 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec


### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market to accomplish , within its life span , multiple trips or rotations by being returned to the producer for refill or re - used for the same purpose for which it was conceived ; ### ' single - use ' means conceived , designed or placed on the market to be used once , for a short period of time and , based on a harmonised methodology , has been identified as accounting for a significant proportion of marine litter found in the eu ;


### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental impacts of litter as a result of inappropriate disposal . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable . ### certain single - use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment . in addition , they can cause substantial damage to sewer networks by clogging pumps and blocking pipes . therefore , single - use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements . the marking should inform consumers about appropriate waste disposal options and / or waste disposal options to be avoided and / or about the negative environmental and economic impacts of litter as a result of inappropriate disposal . the commission should take account of sectorial voluntary agreements adopted for clear labelling rules in order to inform consumers , for example via a logo , whether or not the product is recyclable . the commission should be empowered to establish a harmonised format for the marking and when doing so should , where appropriate , test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable .