### apprenticeships and traineeships ; ### apprenticeships and traineeships , after ensuring that they fully respect the council recommendation on a quality framework for traineeships as to improve the quality of traineeships , in particular as regards learning and training content and working conditions , with the aim of easing the transition from education , unemployment or inactivity to work . inter alia , the traineeship shall respect the working conditions applicable to trainees , under the applicable union and national law and the rights and obligations and transparency of its terms and conditions ;


### in order to ensure uniform conditions for the implementation of the technical standards and formats applicable to clearance and automated matching as well as the models and procedures for sharing information between member states , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of the technical standards and formats applicable to clearance and automated matching as well as the models and procedures for sharing information between member states , and in order to adopt the list of skills , competences and occupations of the european classification , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### a profound understanding of labour demand in terms of occupations , sectors and needs of employers would benefit the right of free movement of workers within the union and therefore support services should include good quality assistance to employers , small and medium sized enterprises in particular . close working relationships between employment services and employers will increase the pool of job vacancies and job matching of suitable candidates , secure pathways for job seekers in particular those in vulnerable groups and improve labour market intelligence . ### a profound understanding of labour demand in terms of matching skills , qualifications , occupations , sectors and needs of employers would benefit the right of free movement of workers within the union and therefore support services should include good quality assistance to employers , small and medium sized enterprises in particular . close working relationships between employment services and employers will increase the pool of vacancies and matching of suitable candidates , secure pathways for job seekers in particular youth and those in vulnerable groups and improve labour market intelligence .


### since the objective of this regulation - namely to establish a common framework for cooperation between member states to bring together job vacancies and the possibility of applying for those job vacancies and to facilitate the achievement of a balance between supply and demand in the employment market - cannot be sufficiently achieved by the member states , and can therefore , by reason of the scale and effect of the action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty of the european union . in accordance with the principle of proportionality , as set out in said article 5 , this regulation does not go beyond what is necessary to achieve that objective . ### the objective of this regulation - namely to establish a common framework for cooperation between member states to bring together vacancies and the possibility of applying for those vacancies and to facilitate the achievement of a balance between supply and demand in the employment market - can be better achieved when member states cooperate , with the assistance of the commission , at union level . the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty of the european union . in accordance with the principle of proportionality , as set out in said article 5 , this regulation does not go beyond what is necessary to achieve that objective .


### a broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curriculum vitae . transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union . ### a broader membership of the eures network has potential economic , financial and social benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job , traineeship and apprenticeship vacancies , applications and curriculum vitae . transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job , traineeship and apprenticeship vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union .


### apprenticeships and traineeships ; ### the regulatory framework for apprenticeships and traineeships ;


### upon request of workers , frontier workers and employers , the eures partners concerned shall provide general information on the rights related to social security and undertake to refer those requests for specific information to the competent authorities and , if applicable , other bodies supporting workers exercising their rights in the framework of the freedom of movement . ### eures partners shall be encouraged to provide general information on the rights related to social security or refer those requests for specific information to the competent authorities and , if applicable , other bodies .


### a member state shall not limit the access to national labour market measures merely for the reason that a worker seeks that assistance in order to find employment in the territory of another member state . ### a member state shall not limit the access to national labour market measures merely for the reason that a jobseeker seeks that assistance in order to find employment in the territory of another member state .


### when making available job vacancy data to the eures portal , member states ### when making available vacancy data to the eures portal , member states :


### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market . ### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the necessary staff with adequate skills for vacant positions and overcoming bottlenecks in the labour market .


### particular attention should be paid to supporting mobility in the cross - border regions for and providing services to frontier workers who are living in one member state and working in another and have to cope with different national practices and legal systems and encounters specific administrative , legal or tax obstacles to mobility . member states may choose to set up specific support structures to facilitate this kind of mobility , such structures should , within the framework of the eures network , address the specific needs for information , guidance , cross - border matching between labour demand and supply and the resulting placements . ### particular attention should be paid to supporting mobility in the cross - border regions for and providing services to frontier jobseekers and workers who are living in one member state and seeking employment or working in another and have to cope with different national practices and legal systems and encounters administrative , legal or tax barriers relating to mobility . member states may choose to set up specific support structures to facilitate this kind of mobility , such structures should , within the framework of the eures network , address the specific needs for information , guidance , cross - border matching between labour demand and supply and the resulting placements . the eures cross - border partnerships should be given particular focus in this respect .


### member states shall put in place a national hub to allow for the transfer to the eures portal of information on job vacancies , job applications and cv’s made available by any organisation that is willing to share this information also on the eures portal . ### member states shall put in place a national hub by using , if possible , already existing governmental structures , to allow for the transfer to the eures portal of information on job vacancies , job applications and cv’s made available by any organisation that is willing to share this information also on the eures portal .


### support services for workers are connected to the exercise of their fundamental freedom of movement as workers under union law , they should be free of charge . however , support services for employers may be subject to a fee , in accordance with national practices . ### support services for jobseekers are connected to the exercise of their fundamental freedom of movement as workers under union law and should be free of charge . however , the support services for employers may be subject to a fee , in accordance with national practices .


### facilitation of networking , exchange of best practice and mutual learning within the eures network ; ### facilitation of exchange of best practice and mutual learning within the eures network ;


### to provide information on the specific rules applicable when employing those workers ; ### to provide information on the specific rules applicable when employing people from other member states ;


### a programming cycle should be established to support the coordination of action on mobility within the union . to be effective , the programming of member states ' activity plans should take into account data on mobility flows and patterns , the data analysis of existing and forecast labour shortages and surpluses , and recruitment experiences and practices under the eures network and it should consist of a review of the existing resources and tools at the disposal of the organisations in the member state to facilitate intra - eu labour mobility . ### a programming cycle should be established to support the coordination of action on mobility within the union . to be effective , the programming of member states ' activity plans should take into account data on mobility flows and patterns , the data analysis of existing and forecast labour supply and demand , and recruitment experiences and practices under the eures network and it should consist of a review of the existing resources and tools at the disposal of the organisations in the member state to facilitate intra - eu labour mobility .


### member states shall put in place a national hub to allow for the transfer to the eures portal of information on job vacancies , job applications and cv’s made available by any organisation that is willing to share this information also on the eures portal . ### member states shall put in place a national hub to allow for the transfer to the eures portal of information on vacancies and applications and cv’s of jobseekers made available by any organisation that is willing to share this information also on the eures portal .


### transparency of labour markets and adequate matching capabilities are pre - conditions for labour mobility within the union . a better balance between labour supply and demand can be achieved through an efficient system at union level for exchanging of information on national and sectoral labour surpluses and shortages that should be set up between member states and the european commission and used as a basis for member states to develop their mobility policies and underpin the practical cooperation within the eures network . ### transparency of labour markets and adequate matching capabilities , including matching of skills and qualifications with labour market needs , are pre - conditions for labour mobility within the union . a better balance between labour supply and demand by better matching skills and jobs can be achieved through an efficient system at union level for exchanging of information on national , regional and sectoral labour supply and demand . such a system should be set up between member states , assisted by the european commission and used as a basis for member states to develop their mobility policies and underpin the practical cooperation within the eures network .


### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraphs 1 and 2 and for the reporting on backfilling operations . those implementing acts shall be adopted in accordance with the procedure referred to in article 39 . ### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraphs 1 and 2 and for the reporting on backfilling operations that support the re - use of data and open data objectives . those implementing acts shall be adopted in accordance with the procedure referred to in article 39 .


### such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products . ### such measures may also include the establishment of extended producer responsibility schemes defining specific operational or financial obligations for producers of products , in line with their role given by the national framework .


### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2 and . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2 and . in the event of an extension , the member state shall take the necessary measures to increase the preparing for re - use and the recycling of municipal waste to a minimum of 50% and 60% by weight , by 2025 and 2030 respectively . ### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2 and . the member state shall notify the commission of its intention to make use of this provision at the latest 36 months before the respective deadlines laid down in paragraphs 2 and . in the event of an extension , the member state shall take the necessary measures to increase the preparing for re - use and the recycling of municipal waste to a minimum of 40% and 50% by weight , by 2025 and 2030 respectively .


### promoting socio - economic integration of third country nationals and of marginalised communities such as the roma ; ### promoting effective socio - economic integration of third country nationals and of marginalised communities ;


### a high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . cross border health crises and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . ### a high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . cross border health crises and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . therefore prevention of new and unknown pests and diseases should be a key priority .


### persons need specific legal protection where they acquire the information they report through their work - related activities and therefore run the risk of work - related retaliation . the underlying reason for providing them with protection is their position of economic vulnerability vis - à - vis the person on whom they de facto depend for work . when there is no such work - related power imbalance there is no need for protection against retaliation . ### persons need specific legal protection where they acquire the information they report through their work - related activities and therefore run the risk of work - related retaliation . the underlying reason for providing them with protection is their position of economic vulnerability vis - à - vis the person on whom they de facto depend for work .


### take retaliatory measures against reporting persons ; ### take retaliatory measures against reporting persons , also outside the work - related relation ;


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law in safeguarding the welfare of society and in protecting the fundamental right to freedom of expression and information . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . the staff serving in those agencies shall be specialized and have proper training and formation regarding european and national data protection legislation .


### coercion , intimidation , harassment or ostracism at the workplace ; ### coercion , intimidation , harassment or ostracism ;


### ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ### ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat and distort the object or the purpose pursued by the applicable rules ;


### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person ; ### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person regardless of the territory or country in which he or she resides or works ;


### this directive should be without prejudice to the protection of national security and other classified information which union law or the laws , regulations or administrative provisions in force in the member state concerned require , for security reasons , to be protected from unauthorised access . in particular , moreover , the provision of this directive should not affect the obligations arising from commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information or council decision of 23 september 2013 on the security rules for protecting eu classified information . ### this directive should be without prejudice to the protection of national security and other classified information which union law or the laws , regulations or administrative provisions in force in the member state concerned require , for security reasons , to be protected from unauthorised access . limitations on the use of national security information should be limited and clearly defined . moreover , the provision of this directive should not affect the obligations arising from commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information or council decision of 23 september 2013 on the security rules for protecting eu classified information .


### the confidentiality regime applicable to reports , and in particular the information in relation to the processing of personal data in accordance with article 13 of regulation 2016 / 679 , article 13 of directive 2016 / 680 and article 11 of regulation 45 / 2001 , as applicable . ### the confidentiality regime applicable to reports , and in particular the information in relation to the processing of personal data in accordance with article 5 and article 13 of regulation 2016 / 679 , article 13 of directive 2016 / 680 and article 11 of regulation 45 / 2001 , as applicable .


### member states shall ensure that competent authorities publish on their websites in a separate , easily identifiable and accessible section at least the following information : ### member states shall ensure that competent authorities publish on their websites in at least two official languages of the european union in a separate , easily identifiable and accessible section at least the following information :


### member states shall ensure that competent authorities keep records of every report received . ### member states shall ensure that competent authorities keep records of every report received for no longer that is necessary and proportionate for the reporting procedure .


### to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission in respect of specifying disaggregations . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . __________________ 25 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission in respect of laying down the rules on the appropriate formats for the transmission of data . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . __________________ 25 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### member states shall supply to the commission statistics on the numbers of : immigrants moving to the territory of the member state , disaggregated as follows : groups of citizenship by age and sex ; groups of country of birth by age and sex ; groups of country of previous usual residence by age and sex ; emigrants moving from the territory of the member state disaggregated as follows : groups of citizenships ; age ; sex ; groups of countries of next usual residence ; persons having their usual residence in the member state at the end of the reference period , disaggregated as follows : groups of citizenship by age and sex ; groups of country of birth by age and sex ; persons having their usual residence in the territory of the member state and having acquired during the reference year the citizenship of the member state and having formerly held the citizenship of another member state or a third country or having formerly been stateless , disaggregated by age and sex , and by the former citizenship of the persons concerned and by whether the person was formerly stateless . ### in article 3 . paragraph 1 is replaced by the following : ' 1 . member states shall supply to the commission statistics on the numbers of : immigrants moving to the territory of the member state , disaggregated as follows : groups of citizenship by age and gender ; groups of country of birth by age and gender ; groups of country of previous usual residence by age and gender ; emigrants moving from the territory of the member state disaggregated as follows : groups of citizenships ; age ; gender ; groups of countries of next usual residence ; persons having their usual residence in the member state at the end of the reference period , disaggregated as follows : groups of citizenship by age and gender ; groups of country of birth by age and gender ; persons having their usual residence in the territory of the member state and having acquired during the reference year the citizenship of the member state and having formerly held the citizenship of another member state or a third country or having formerly been stateless , disaggregated by age and gender , and by the former citizenship of the persons concerned and by whether the person was formerly stateless . '


### this regulation guarantees the right to respect for private and family life and to the protection of personal data , as set out in articles 7 and 8 of the charter of fundamental rights of the european union . ### this regulation guarantees the right to respect for private and family life , to the protection of personal data , non - discrimination and gender equality as set out in articles 7 , 8 , 21 and 23 of the charter of fundamental rights of the european union .


### statistics under points , , , , and shall be disaggregated by age and sex and by the citizenship of the persons concerned , and by unaccompanied minors . in addition , for point , statistics shall be disaggregated by the country of residence and by the type of asylum decision . they shall relate to reference periods of one calendar year and shall be supplied to the commission within three months of the end of the reference year . the first reference year shall be 2020 . ### statistics under points , , , , and shall be disaggregated by age and gender and by the citizenship of the persons concerned , and by unaccompanied minors . in addition , for point , statistics shall be disaggregated by the country of residence and by the type of asylum decision . they shall relate to reference periods of one calendar year and shall be supplied to the commission within three months of the end of the reference year . the first reference year shall be 2020 .


### applications for international protection having been withdrawn during the reference period . ### in paragraph 1 , point is replaced by the following : applications for international protection having been withdrawn during the reference period , disaggregated by type of withdrawal ;


### the statistics referred to in paragraph 1 shall relate to reference periods of three calendar months and shall be supplied to the commission within two months of the end of the reference period . the first reference period shall be january to march 2020 . ### the statistics referred to in paragraph 1 shall be disaggregated by age and sex of the person concerned , and by unaccompanied minors . they shall relate to reference periods of one calendar month and shall be supplied to the commission within two weeks of the end of the reference period . the first reference period shall be january 2020 .


### the statistics under point shall be disaggregated by age and sex , and by citizenship of the persons concerned . ### the third subparagraph of paragraph 1 is replaced by the following : the statistics under point shall be disaggregated by age and sex , citizenship of the persons concerned , grounds for their apprehension and place of apprehension .


### the statistics referred to in paragraph 1 shall relate to reference periods of three calendar months and shall be supplied to the commission within two months of the end of the reference period . the first reference period shall be january to march 2020 . ### the statistics referred to in paragraph 1 shall be disaggregated by age and gender of the person concerned , and by unaccompanied minors . they shall relate to reference periods of three calendar months and shall be supplied to the commission within two months of the end of the reference period . the first reference period shall be january to march 2020 .


### these statistics shall be disaggregated by age and sex and by the citizenship of the persons concerned , and by unaccompanied minors . they shall relate to reference periods of three calendar months and shall be supplied to the commission within two months of the end of the reference period . the first reference period shall be january - march 2020 . ### these statistics shall be disaggregated by age and gender and by the citizenship of the persons concerned , and by unaccompanied minors . they shall relate to reference periods of three calendar months and shall be supplied to the commission within two months of the end of the reference period . the first reference period shall be january - march 2020 .


### permits issued during the reference period whereby the person is being granted permission to reside for the first time , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by sex ; ### permits issued during the reference period whereby the person is being granted permission to reside for the first time , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by gender ;


### permits issued during the reference period and granted on the occasion of a person changing immigration status or reason for stay , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by sex ; ### permits issued during the reference period and granted on the occasion of a person changing immigration status or reason for stay , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by gender ;


### valid permits at the end of the reference period , disaggregated by citizenship , by the reason for the issue of the permit , by the length of validity of the permit , by age and by sex ; ### valid permits at the end of the reference period , disaggregated by citizenship , by the reason for the issue of the permit , by the length of validity of the permit , by age and by gender ;


### these statistics shall be disaggregated by age and sex and by the citizenship of the persons concerned , and by unaccompanied minors . they shall relate to reference periods of one calendar month and shall be supplied to the commission within two months of the end of the reference month . the first reference month shall be january 2020 . ### these statistics shall be disaggregated by age and gender and by the citizenship of the persons concerned , and by unaccompanied minors . they shall relate to reference periods of one calendar month and shall be supplied to the commission within two months of the end of the reference month . the first reference month shall be january 2020 .


### these statistics shall relate to reference periods of one calendar year and shall be supplied to the commission within three months of the end of the reference year . the first reference year shall be 2020 . ### these statistics shall be disaggregated by age and sex , and by the citizenship of the persons concerned , and by unaccompanied minors . these statistics shall relate to reference periods of one calendar month and shall be supplied to the commission . the first reference period shall be january 2020 .


### the number of long - term residents at the end of the reference period , disaggregated by citizenship , by type of long - term status , by age and by sex . ### the number of long - term residents at the end of the reference period , disaggregated by citizenship , by type of long - term status , by age and by gender .


### to support the union in responding effectively to the challenges posed by migration , there is a need for sub - annual frequency data on asylum and managed migration . ### to support the union in responding effectively to the challenges posed by migration , and in developing gender - responsive and human - rights based policies there is a need for sub - annual frequency data on asylum and managed migration .


### in order to optimise the uptake of co - financed environmental investments , synergies should be ensured with the life programme for environmental and climate action , in particular through life strategic integrated projects and strategic nature projects . ### in order to optimise the uptake of co - financed environmental investments , synergies should be ensured with the life programme for environmental and climate action , in particular through life strategic integrated projects and strategic nature projects . the union should ensure that support from the life programme is consistent with the policies and priorities of the union and complementary to other financial instruments of the union , while also ensuring that simplification measures are implemented .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions may be deemed to exist , which affect to a considerable extent prices or costs of the exporters in the country of export . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by state intervention at any level , including central , regional and provincial level . it is further appropriate to clarify that in determining whether or not such a situation exists , the potential impact , inter alia , of the following should be taken into account : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; significant state presence in the market or enterprises or state ownership or control of the means of production or the allocation of resources allowing the distortion of free market forces with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; or access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services should , in a timely manner , preferably before the date on which this regulation enters into force , issue a report describing the specific situation concerning these criteria for significant market distortions in a certain country or a certain sector ; that such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector ; that that such a report and the evidence on which it is based takes due account of all reliable , secure and timely information and data available and will be updated by commission services on a regular basis as appropriate ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used .


### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . ### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs by the exporter in the exporting country , including the costs of raw materials , are not the result of free market forces as they are affected by state intervention at any level . in determining whether or not significant distortions exist regard shall be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in the market or enterprises or state ownership or control of the means of production or the allocation of resources allowing the state to interfere into the free market forces with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### when appropriate and in a timely manner , the commission services shall issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based shall , if appropriate , be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all relevant evidence on the file , based on reliable , secure and timely information and data available ; such report or the evidence on which it is based shall , if appropriate , be updated by commission services on a regular basis ;


### the commission shall adopt delegated acts in accordance with article 16 to supplement paragraph 2 to specify the information required to comply with that paragraph , taking into account the technical screening criteria set out in accordance with this regulation . that information shall enable investors to identify : ### the commission shall adopt delegated acts in accordance with article 16 to supplement paragraph 2 to specify the information required to comply with that paragraph , taking into account the availability of relevant information and technical screening criteria set out in accordance with this regulation . that information shall enable investors to identify :


### advise the commission on the technical screening criteria referred to in article 14 , and the possible need to update those criteria ; ### advise the commission on the technical screening criteria referred to in article 14 , especially in order to secure the principle of subsidiarity and within that remit the precautionary principle , and the possible need to update those criteria ;


### improving energy efficiency ; ### improving energy efficiency in line with the energy efficiency directive ;


### measures adopted by member states or by the union setting out any requirements on market actors in respect of financial products or corporate bonds that are marketed as environmentally sustainable . ### measures adopted by member states or by the union setting out any requirements on financial market participants in respect of financial products or corporate bonds that are marketed as environmentally sustainable .


### measures adopted by member states or by the union setting out any requirements on market actors in respect of financial products or corporate bonds that are marketed as environmentally sustainable . ### measures adopted by member states or by the union setting out any sustainability - related requirements on market actors in respect of financial products or corporate bonds .


### to avoid circumvention of the disclosure obligation , that obligation should also apply where financial products are offered as having similar characteristics as environmentally sustainable investments , including those having as their target environmental protection in a broad sense . financial market participants should not be required to invest only in environmentally sustainable economic activities determined in accordance with the technical screening criteria set out in this regulation . they should be encouraged to inform the commission if they consider that an economic activity that does not meet the technical screening criteria , or for which such criteria have not been established yet , should be considered environmentally sustainable , to help the commission to evaluate the appropriateness of complementing or updating the technical screening criteria . ### to avoid circumvention of the disclosure obligation , that obligation should apply to all financial products . financial market participants should not be required to invest only in environmentally sustainable economic activities determined in accordance with the technical screening criteria set out in this regulation . financial market participants and other actors should be encouraged to inform the commission if they consider that an economic activity is incorrectly considered to fulfil or not fulfil the technical screening criteria , or for which such criteria have not been established yet , to help the commission to evaluate the appropriateness of complementing or updating the technical screening criteria .


### a union classification of environmentally sustainable economic activities should enable the development of future union policies , including union - wide standards for environmentally sustainable financial products and eventually the establishment of labels that formally recognise compliance with those standards across the union . uniform legal requirements for considering investments as environmentally sustainable investments , based on uniform criteria for environmentally sustainable economic activities , are necessary as a reference for future union legislation aiming at enabling those investments . ### a union classification of environmentally sustainable economic activities should enable the development of future union policies and strategies , including union - wide standards for environmentally sustainable financial products and eventually the establishment of labels that formally recognise compliance with those standards across the union . uniform legal requirements for considering investments as environmentally sustainable investments , based on uniform criteria for environmentally sustainable economic activities , are necessary as a reference for future union legislation aiming at enabling those investments .


### the application of this regulation should be reviewed regularly in order to assess the progress on the development of technical screening criteria for environmentally sustainable activities , the use of the definition of environmentally sustainable investment , and whether compliance with the obligations requires the establishment of a verification mechanism . the review should include also an assessment of whether the scope of this regulation should be extended to cover social sustainability objectives . ### the application of this regulation should be reviewed regularly in order to assess the progress on the development of technical screening criteria for environmentally sustainable and environmentally harmful activities and the use of the definition of environmentally sustainable investment . the review should include also an assessment of whether the scope of this regulation should be extended to cover social sustainability objectives . by 31 march 2020 , the commission should , where appropriate , publish legislative proposals on the establishment of a verification mechanism of compliance .


### for the purposes of article 3 , an economic activity shall be considered as significantly harming : ### for the purposes of article 3 and article 3a an economic activity shall be considered as significantly harming :


### the progress on the implementation of this regulation with regard to the development of technical screening criteria for environmentally sustainable economic activities ; ### the progress on the implementation of this regulation with regard to the development of technical screening criteria for environmentally sustainable economic activities , especially how the principle of subsidiarity and the division of competences between the union and member states has been respected ;


### the platform on sustainable finance shall be chaired by the commission . ### the platform on sustainable finance shall be chaired by the commission and the commission horizontal rules for expert groups shall apply to the platform .


### an economic activity shall be considered to contribute substantially to the transition to a circular economy and waste prevention and recycling where that activity contributes substantially to that environmental objective through any of the following means : ### an economic activity shall be considered to contribute substantially to the transition to a circular economy and waste prevention and recycling where that activity , in line with the eu waste acquis , contributes substantially to that environmental objective through any of the following means :


### generating , storing or using renewable energy or climate - neutral energy , including through using innovative technology with a potential for significant future savings or through necessary reinforcement of the grid ; ### generating , storing , distributing or using renewable energy or climate - neutral energy , including through using innovative technology with a potential for significant future savings or through necessary reinforcement of the grid ;


### take into account the environmental impacts of the economic activity itself , as well as of the products and services provided by that economic activity , notably by considering their production , use and end - of - life ; ### take into account the environmental impacts of the economic activity itself , as well as of the products and services provided by that economic activity , throughout their lifecycle , in as far as relevant information is available , notably by considering their production , use and end - of - life ;


### switching to use of renewable materials ; ### switching to or increasing the use of renewable materials substituting especially fossile based materials ;


### for the purposes of determining whether an economic activity is environmentally sustainable , an exhaustive list of environmental objectives should be laid down . ### for the purposes of determining whether an economic activity is environmentally sustainable , an exhaustive list of environmental objectives should be laid down , ensuring coherence with existing union legislation , such as the clean energy package .


### the power to adopt delegated acts referred to in articles 4 , 6 , 7 , 8 , 9 , 10 and 11 shall be conferred on the commission for an indeterminate period from [ date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in articles 4 , 6 , 7 , 8 , 9 , 10 and 11 shall be conferred on the commission for an indeterminate period from [ date of entry into force of this regulation ] . the power to adopt delegated acts shall not limit national competence or undermine the principle of subsidiarity , especially in relation to national application of the adopted text of the ministerial conference on the protection of forests in europe .


### experts representing relevant private stakeholders ; ### and , in balanced proportions :


### for the purposes of article 3 , an economic activity shall be considered as significantly harming : ### for the purposes of article 3 , an economic activity , taking into account the life - cycle , shall be considered as significantly harming :


### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream . ### the general objective of prima is to develop and promote the adoption of the fully piloted and demonstrated common innovative solutions for water provision , treatment and reuse , and for food systems in the mediterranean region , to make them more climate resilient , efficient by reducing losses and waste , cost - effective and ecologically sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream .


### the objective of this decision is to strengthen the integration and alignment of research and innovation systems and activities in the mediterranean countries in the fields of water provision and food systems . the scale of the research and innovation necessary to address the challenges in the mediterranean area is immense due to the systemic character of the major bottlenecks . the scope of research and innovation is complex , multidisciplinary and requires a multi - actor and cross - border approach . a collaborative approach with a wide set of participating states can help to increase the required scale and scope , by pooling financial and intellectual resources . since the objective can therefore be better achieved at union level by integrating national efforts into a consistent union approach , by bringing together compartmentalised national research programmes , by helping design common research and funding strategies across national borders , and by achieving the critical mass of actors and investments required , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve those objectives . ### the objective of this decision is to strengthen the integration and alignment of research and innovation systems and activities in the mediterranean countries in the fields of water provision , treatment and reuse , and of food systems . the scale of the research and innovation necessary to address the challenges in the mediterranean area is immense due to the systemic character of the major bottlenecks . the scope of research and innovation is complex , multidisciplinary and requires a multi - actor and cross - border approach . a collaborative approach with a wide set of participating states can help to increase the required scale and scope , by pooling financial and intellectual resources . since the objective can therefore be better achieved at union level by integrating national efforts into a consistent union approach , by bringing together compartmentalised national research programmes , by helping design common research and funding strategies across national borders , and by achieving the critical mass of actors and investments required , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve those objectives .


### member states shall evaluate and approve the waste reception and handling plan , monitor its implementation and ensure its re - approval at least every three years after it has been approved or re - approved , and after significant changes in the operation of the port have taken place . these changes shall include , but not be limited to , structural changes in traffic to the port , development of new infrastructure , changes in the demand and provision of port reception facilities , and new on - board treatment techniques . ### member states shall evaluate and approve the waste reception and handling plan , monitor its implementation and ensure its re - approval at least every five years after it has been approved or re - approved , and after significant changes in the operation of the port have taken place . these changes shall include , but not be limited to , structural changes in traffic to the port , development of new infrastructure , changes in the demand and provision of port reception facilities , and new on - board treatment techniques .


### if the next port of call is located outside the union , or there are good reasons to believe that adequate facilities are not available in the next port of call , or this port is unknown , the member state shall require the ship to deliver all its waste before departure . ### if , on the basis of the available information , including information electronically available in the information , monitoring and enforcement system referred to in article 14 of this directive or in gsis , it cannot be established that adequate facilities are available in the next port of call , or this port is unknown , the member state shall require the ship to deliver , before departure , all waste that cannot be adequately received and handled at the next port of call .


### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ; ### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading , cleaning and ship repair operations , or waste that is collected in nets during fishing operations , and which falls within the scope of annexes i , ii , iv , v and vi to marpol ;


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees shall be reduced if the ship’s design , equipment , procurement policies and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall adopt delegated acts in accordance with article 19 in order to supplement this directive by defining the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . in doing so , the commission shall adopt as minimum requirements the recommendations listed in the guidelines for implementation of marpol annex v .


### member states shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the associated costs shall be clearly communicated to the ship operators and made publicly available either via the website of the ports or in printed form : ### member states shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the structure of the costs shall be clearly communicated to the ship operators and made publicly available and easily accessible , preferably in english :


### the commission shall evaluate this directive and submit the results of the evaluation to the european parliament and the council no later than seven years after its entry into force . ### the commission shall evaluate this directive and submit the results of the evaluation to the european parliament and the council no later than seven years after its entry into force . the commission shall also evaluate whether the european maritime safety agency should be granted additional competences for the enforcement of this directive . this could include review and investigation of alleged inadequacies of port reception facilities under article 4 .


### this requirement shall not apply in small unmanned ports or in remotely located ports , provided that the member state where such a port is located has reported this information electronically in the part of the information , monitoring and enforcement system referred to in article 14 of this directive . ### this requirement shall not apply in small ports with unmanned facilities or that are remotely located , provided that the member state where such a port is located has reported this information electronically in the part of the information , monitoring and enforcement system referred to in article 14 of this directive .


### the indirect fee shall cover the indirect administrative costs , as well as a significant part of the direct operational costs , as determined in annex 4 . the significant part of the direct operational costs shall represent at least 30 % of the total yearly direct costs for actual delivery of the waste ; ### the indirect fee shall cover the indirect administrative costs , as well as a significant part of the direct operational costs , as determined in annex 4 . the significant part of the direct operational costs shall represent at least 30 % of the total direct costs for actual delivery of the waste during the previous year ;


### ‘ sufficient storage capacity’ means enough capacity to store the waste on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ; ### ‘ sufficient storage capacity’ means enough dedicated capacity for each type of waste to be stored on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ;


### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . ### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . that requirement shall also apply to ballast water management , in accordance with the international convention of 13 february 2004 of the imo for the control and management of ships ' ballast water and sediments .


### the fees may be differentiated with respect to , inter alia , the category , type and size of the ship and the type of traffic the ship is engaged in , as well as with respect to services provided outside normal operating hours in the port . ### the fees may be differentiated with respect to , inter alia , the category , type and size of the ship and the type of trade the ship is engaged in , the hazardous nature of the waste , as well as with respect to services provided outside normal operating hours in the port .


### ‘ cargo residues’ means the remnants of any cargo material on board which remain on the deck or in holds following loading and unloading , including loading and unloading excess or spillage , whether in wet or dry condition or entrained in wash - water , excluding cargo dust remaining on the deck after sweeping or dust of the external surfaces of the ship ; ### ‘ cargo residues’ means the remnants of any cargo material on board which remain on the deck or in holds or tanks following loading and unloading , including loading and unloading excess or spillage , whether in wet or dry condition or entrained in wash - water , excluding cargo dust remaining on the deck after sweeping or dust of the external surfaces of the ship ;


### the ship only calls at anchorage for less than 24 hours or under adverse weather conditions ; ### the ship only calls at anchorage for less than 24 hours , while waiting to be chartered or under adverse weather conditions ;


### the commission shall provide for the organisation of exchanges of experience between the member states’ national authorities and experts , including those from the private sector , on the application of this directive in union ports . ### the commission shall provide for the organisation of exchanges of experience between the member states’ national authorities and experts , including those from the private sector and civil society , on the application of this directive in union ports .


### the indirect fee shall cover the indirect administrative costs , as well as a significant part of the direct operational costs , as determined in annex 4 . the significant part of the direct operational costs shall represent at least 30 % of the total yearly direct costs for actual delivery of the waste ; ### the indirect fee shall cover the indirect administrative costs , as well as a significant part of the direct operational costs , as determined in annex 4 . the significant part of the direct operational costs shall represent at least 30 % of the total direct costs for actual delivery of the waste during the previous year . costs related to expected traffic volume for the coming year can also be taken into account ;


### any relevant information concerning the characteristics of the goods or type of goods in question ; ### any relevant and indispensable information concerning the characteristics of the goods or type of goods in question ;


### however , where the solvit ' s informal approach fails , and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the solvit centre . the commission ' s intervention should be subject to a reasonable time - limit , in compliance with the european code of good administrative behaviour . ### the economic operators should always rely on solvit as a first measure before the problem - solving mechanism under this regulation can be triggered . where the economic operator , the relevant solvit centre and the involved member states in question all agree on the appropriate outcome , no further action should be required . however , where the solvit ' s informal approach fails , and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of any of the solvit centres or an economic operator . the commission ' s intervention should be subject to two - months’ time - limit . the 30 days period does not include the time necessary for receiving the additional information that might be deemed necessary .


### any other information the competent authority considers useful for the purposes of its assessment . ### any other information the competent authority considers necessary for the purposes of its assessment .


### any relevant information on the lawful marketing of the goods in another member state ; ### any relevant and indispensable information on the lawful marketing of the goods in another member state ;


### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences exist from one member state to another , may justify the application of national rules by the competent authorities . however , such decisions need to be duly justified , and the principle of proportionality must always be respected , regard being had to whether the competent authority has in fact made the least restrictive decision possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective . ### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . where legitimate differences exist from one member state to another , such overriding reasons may justify the application of national rules by the competent authorities . however , such decisions need to be always duly justified , thoroughly explained , and in full respect with the principle of proportionality , regard being had to whether the competent authority has in fact made the least restrictive decision possible . in order to improve the functioning of the single market for goods , the commission and the member states should initiate , as part of this regulation , an ongoing process of assessing whether national rules are fit for purpose and do not create disproportionate non - tariff barriers . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective .


### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the domestic market in that member state , except in one or the other of the following situations : ### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the market in that member state , except in one or the other of the following situations :


### where a competent authority of a member state has doubts as regards goods which the economic operator claims are lawfully marketed in another member state , the competent authority shall contact the relevant economic operator without delay and shall carry out an assessment the goods . ### where , as part of their market control activities , a competent authority of the member state of destination has reasonable doubts as to whether goods that are made available or are going to be made available on its market are lawfully marketed in another member state , the competent authority shall contact the competent authority of that other member state and the relevant economic operator without delay , and shall carry out an assessment of the goods .


### by , and every five years thereafter , the commission shall carry out an evaluation of this regulation against the objectives it pursues and shall submit a report thereon to the european parliament , to the council and to the european economic and social committee . ### by , and every two years thereafter , the commission shall carry out an evaluation of this regulation against the objectives it pursues and shall submit a report thereon to the european parliament , to the council and to the european economic and social committee .


### following completion of its assessment , the commission may issue an opinion identifying concerns that should , in its view , be addressed in the solvit case and , where appropriate , making recommendations to assist in solving the case . ### within 30 days of receipt of the request referred to in paragraph 1 , the commission shall complete its assessment and issue an opinion identifying concerns that should , in its view , be addressed in the solvit case and , where appropriate , making recommendations to assist in solving the case . the 30 days period does not include the time necessary for receiving the additional information and documents as provided for in paragraph 2 .


### the competent authority of the member state shall immediately notify the relevant economic operator , the commission and the other member states of any suspension pursuant to paragraph 1 . the notification to the commission and other member states shall be made by means of the system referred to in article 11 . in cases falling within point of paragraph 1 of this article , the notification shall be accompanied by a technical or scientific justification demonstrating why the case is considered to fall within that point . ### the competent authority of the member state shall immediately notify the relevant economic operator , the commission and the other member states of any suspension pursuant to paragraph 1 . the notification to the commission and other member states shall be made by means of the system referred to in article 11 . the notification shall be accompanied by a detailed technical or scientific justification demonstrating that the goods pose a serious risk .


### while a competent authority is assessing goods before deciding whether or not it should deny or restrict market access , it should not be able to take decisions suspending market access , except where rapid intervention is required to prevent harm to safety and health of users or to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of public morality or public security , including for example the prevention of crime . ### while a competent authority is assessing goods before deciding whether or not it should deny or restrict market access , it should not be able to take decisions suspending market access , except in a situation where under normal or reasonably foreseeable conditions of use , the goods may pose a serious risk , including one where the effects are not immediate , which should require rapid intervention by the competent authority .


### the commission shall , within three months of receipt of the request referred to in paragraph 1 , enter into communication with the relevant economic operator or operators and the competent authorities who took the administrative decision in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this regulation . ### the commission shall , without undue delay , consider the documents and information provided within the solvit procedure in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this regulation . where additional information is needed for the purposes of the assessment referred to above , the commission may enter into communication with the relevant economic operator or operators and the competent authorities .


### any administrative decision taken by competent authorities of member states pursuant to this regulation should specify the remedies available so that an economic operator can bring proceedings before the competent national court or tribunal . the decision should also refer to the problem - solving procedure provided for in this regulation . ### any administrative decision taken by competent authorities of member states pursuant to this regulation should specify the remedies available so that an economic operator can appeal the decision or bring proceedings before the competent national court or tribunal . the administrative decision should also refer to the possibility of economic operators to use the solvit network and to have access to the problem - solving procedure provided for in regulation .


### where the european resource adequacy assessment identifies a resource adequacy concern member states shall identify any regulatory distortions that caused or contributed to the emergence of the concern . ### where the european resource adequacy assessment identifies a resource adequacy concern member states shall identify any market failures and / or regulatory distortions that caused or contributed to the emergence of the concern .


### market operators shall provide products for trading in day - ahead and intraday markets which are sufficiently small in size , with minimum bid sizes of 1 megawatt or less , to allow for the effective participation of demand - side response , energy storage and small - scale renewables . ### market operators shall provide products for trading in day - ahead and intraday markets which are sufficiently small in size , with minimum bid sizes of 1 kilowatt or more , to allow for the effective participation of demand - side response , energy storage and small - scale renewables , including directly by customers .


### the procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of annex i . the procurement shall be based on a primary market and organised in such a way as to be non - discriminatory between market participants in the prequalification process individually or through aggregation . ### the procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of annex i . the procurement shall be based on a primary market and be non - discriminatory between market participants in the prequalification process including in particular where participation takes place individually or through aggregation .


### all market participants shall have access to the balancing market , be it individually or through aggregation . balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies . ### all prequalified market participants shall have access to the balancing market , be it individually or through aggregation . balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies .


### the decision referred to in paragraph 4 shall be based on the result of the bidding zone review and the transmission system operators’ proposal concerning its maintenance or amendment . the decision shall be justified , in particular as regards possible deviations from the result of the bidding zone review . ### where the relevant member states fail to come to a unanimous decision within the permitted timeframe , or where the member states become aware of the fact that commitments on which a previous unanimous decision was based were not complied with , they shall immediately notify the commission , which shall amend or maintain the bidding zone configuration within six months of that notification . the deadline for the commission decision shall be final and not be further extended .


### data management , cyber security and data protection ; ### guarantee non - discriminatory and neutral access to data regardless of the data management model , and promote standardization , cross - border data exchange , in particular with entso for electricity where relevant to facilitate data exchange , cyber security and data protection ;


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating , energy storage or demand - response installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources , energy storage , demand - response or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 .


### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources or high - efficiency cogeneration in their area ; ### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources , energy storage , demand - response or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources , energy storage , demand - response or high - efficiency cogeneration in their area , provided that an appropriate consultation with stakeholders is carried out before its approval ;


### distribution system operators which are not part of a vertically integrated undertaking or which are unbundled according to the provisions of article 35 [ recast of directive 2009 / 72 / ec as proposed by com 864 / 2 ] , shall cooperate at union level through a european entity for distribution system operators , in order to promote the completion and functioning of the internal market in electricity , and to promote optimal management and a coordinated operation of distribution and transmission systems . distribution system operators who wish to participate in the eu dso entity shall become registered members of the entity . ### all distribution system operators shall cooperate at union level through a european entity for distribution system operators , in order to promote the completion and functioning of the internal market in electricity and gas to support the development of a sustainable , decentralised and more integrated energy system , and to promote optimal management and a coordinated operation of distribution and transmission systems . distribution system operators and associations that represent them at union level who wish to participate in the eu dso entity shall become registered members of the entity . statuses shall ensure that decision - making process takes into account regional differences of distribution network .


### capacity mechanisms shall not create unnecessary market distortions and not limit cross - border trade . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern . ### capacity mechanisms shall be designed in a way which does not create market distortions and not limit cross - border trade . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern .


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , &#160 ; shall be transparent , take into account the need for network security and flexibility&#160 ; and reflect&#160 ; actual costs&#160 ; incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and aggregation and shall not create disincentives for self - generation , self - consumption and for participation in demand response . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


### the day - to - day operation of regional operational centres shall be managed through cooperative decision - making . the cooperative - decision making process shall be based on : ### the performance of functions of regional coordination centres shall be managed through cooperative processes that rely on the involvement of the transmission system operators of the region , including arrangements for coordination between regional coordination centres where relevant . the cooperative process shall be based on :


### regional operational centres shall be equipped with all the human , technical , physical and financial resources necessary for fulfilling their obligations under this regulation and carrying out their functions . ### regional coordination centres shall be equipped with all the human , technical , physical and financial resources necessary for fulfilling their obligations under this regulation and carrying out their functions , ensuring in particular geographically balanced representation and equitable treatment between members .


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption , energy storage or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer .


### regional operational centres shall adopt binding decisions addressed to the transmission system operators in respect of the functions referred to in points , , and of article 34 . transmission system operators shall implement the binding decisions issued by the regional operational centres except in cases when the safety of the system will be negatively affected . ### regional coordination centres shall adopt recommendations addressed to the transmission system operators in respect of the functions referred to in article 34 . transmission system operators shall do their utmost to follow those recommendations .


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means a temporary administrative measure to ensure the achievement of the necessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ;


### regional operational centres shall develop a procedure for the adoption of decisions and recommendations . ### the transmission system operators of a system operation region shall develop a procedure for the adoption and revision of recommendations put forward by regional coordination centres in accordance with the criteria set out in paragraphs 2 and 3 .


### capacity mechanisms shall not create unnecessary market distortions and not limit cross - border trade . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern . ### capacity mechanisms shall be designed in a way which does not create unnecessary market distortions and not limit cross - border trade . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern .


### all market participants shall have access to the balancing market , be it individually or through aggregation . balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies . ### all market participants shall have full access to the balancing market , be it individually or through aggregation . balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies .


### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues . ### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating , energy storage or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated , stored or consumed , lost financial support shall be deemed part of the net revenues .


### by 1 january 2025 , the imbalance settlement period shall be 15 minutes in all control areas . ### by 1 january 2025 , the imbalance settlement period shall be 15 minutes or less in all control areas .


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means an administrative measure to ensure the achievement of the necessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ;


### regional operational centres shall complement the role of transmission system operators by performing functions of regional relevance . they shall establish operational arrangements in order to ensure the efficient , secure and reliable operation of the interconnected transmission system . ### regional coordination centres shall complement the role of transmission system operators by performing functions of regional relevance . the transmission system operators shall be responsible for managing electricity flows and ensuring a secure , reliable and efficient electricity system in accordance with article 40 of the [ recast of directive 2009 / 72 / ec as proposed by com 864 / 2 ] .


### a procedure for consulting the transmission system operators of the system operation region in the exercise of its operational duties and tasks , in accordance with article 37 ; ### a procedure for consulting , in an efficient and inclusive manner , the transmission system operators of the system operation region in the exercise of its operational duties and tasks , in accordance with article 37 ;


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost and benefits of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities shall endeavour to may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer .


### developing and endorsing the cooperative decision - making processes in accordance with article 35 . ### developing and endorsing the cooperative and inclusive decision - making processes in accordance with article 35 .


### by [ op : one year after entry into force ] member states shall establish a single estimate of the value of lost load for their territory , expressed in &#8364 ; / mwh . that estimate shall be reported to the commission and made publically available . member states may establish different voll per bidding zone if they have several bidding zones in their territory . in establishing voll , member states shall apply the methodology developed pursuant to article 19 . ### by [ op : one year after entry into force ] member states shall establish a single estimate of the value of lost load for their territory , expressed in &#8364 ; / mwh . in case of cross - border bidding zones , member states shall establish a common estimate of the voll . these estimates shall be reported to the commission and made publically available . member states may establish different voll per bidding zone if they have several bidding zones in their territory . in establishing voll , member states shall apply the methodology developed pursuant to article 19 .


### the transmission system operators participating in the bidding zone review shall submit a proposal to the commission regarding whether to amend or maintain the bidding zone configuration . based on that proposal , the commission shall adopt a decision whether to amend or maintain the bidding zone configuration , [ no later than 6 months after entry into force of this regulation , specific date to be inserted by op ] or by six months after the conclusion of the bidding zone configuration launched in accordance with points , or of article 32 of regulation 2015 / 1222 , whichever comes later . ### the transmission system operators participating in the bidding zone review shall submit a proposal to the relevant member states whether to amend or maintain the bidding zone configuration . the relevant member states are those participating in the review pursuant to article 32 of regulation 2015 / 1222 and those in the same capacity calculation region pursuant to regulation 2015 / 1222 . based on the proposal , the relevant member states shall come to a unanimous decision within six months on whether to amend or maintain the bidding zone configuration . other member states or third countries may submit comments . the decision shall be reasoned , in accordance with relevant union law and shall take account of the observations of other member states and third countries , as well as of commitments on addressing existing congestion made by the relevant member states . the relevant member states shall notify the commission and the agency of their decision and any cross - border agreements entered into by the member states , the national regulatory authorities or the transmission system operators for the purpose of achieving consensus . agreements entered into by the relevant member states shall not deviate from coordinated capacity calculation processes as set out in article 14 nor from the relevant provisions of regulation 2015 / 1222 .


### the management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region . the representatives of the regulatory authorities shall have no voting rights . ### the management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region . composition of the management board shall be geographically balanced .