### the commission communication ‘ framework strategy for a resilient energy union with a forward - looking climate change policy’14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims , thus paving the way for implementing the energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final . ### the commission communication ‘ framework strategy for a resilient energy union with a forward - looking climate change policy’14 from february 2015 highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost cooperation , solidarity , trust and interconnections between the member states and should put in place the measures needed to achieve these aims , thus paving the way for rapidly establishing and implementing the energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final .


### natural gas remains an essential component of the energy supply of the union . a large proportion of such gas is imported into the union from third countries . ### natural gas is an essential component of the energy supply of the union . this makes security of gas supply a key element of the union ' s overall energy security , with relevance to the union ' s competitiveness and growth . even though more than 50&#160 ; % of gas consumption in the union and the rest of the european economic area is currently covered by domestic production , a growing proportion of gas is imported from third countries . enhancing the union ' s energy security and making its gas market more resilient thus requires creating a stable , market - based regulatory framework for developing gas production from domestic sources , increasing energy efficiency as well as addressing dependence on dominant external suppliers .


### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers . ### in a spirit of respect to market economy principles , solidarity , regional cooperation which involves both public authorities and natural gas undertakings is the guiding principle of this regulation , with the aim of identifying the relevant risks in each region , optimising the benefits of coordinated measures to mitigate them , while ensuring that the measures are cost - effective for customers . regional cooperation should gradually be complemented with a stronger union perspective , allowing recourse to all available supplies and tools in the entire internal gas market . this could be facilitated by providing in - depth analysis and forecast at union level on the relevant current and future emergency supply corridors , based on gas supply sources common for a group of member states .


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits to the security of gas supply of enabling permanent bi - directional capacity need to be seen from a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should be conducted when considering whether to implement bi - directional capacity . the competent authorities should be required to re - examine the exemptions granted under regulation no 994 / 2010 on the basis of the results of regional risk assessments .


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should be conducted when considering whether to implement bi - directional capacity . the competent authorities should be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . the overall objective should be to have a growing bi - directional capacity and keep one - directional capacity future cross - border projects to the minimum .


### competent authorities shall regularly report to the gas coordination group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans . in particular competent authorities shall report to the gas coordination group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans . the commission may have a facilitating role overall in the preparation of the plans , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region . they shall ensure the regular monitoring of the implementation of such plans . ### competent authorities shall regularly report to the gas coordination group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans . in particular competent authorities shall report to the gas coordination group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans . the commission may act as mediator and facilitator overall in the preparation and implementation of the plans , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , and on the preventive action plans and emergency plans , the commission may propose a cooperation mechanism for that region as well as proposals on the relevant plans . they shall ensure the regular monitoring of the implementation of such plans .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry and to improve the union ' s independence in defence and security inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2026 , the commission shall , in close collaboration with the member states , assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period post 2030 .


### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating the annex , should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure that annex ix takes into account the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , a lifecycle assessment of emissions and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission should regularly evaluate the annex and consider the effects on markets for products , wastes or residues in any amendment of it . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels , and not creating risk of negative impacts on the environment and biodiversity . ### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels based on a lifecycle assessment of emissions , and not creating risk of negative impacts on the environment and biodiversity .


### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards . ### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not be allowed to have , or encourage , a detrimental effect on biodiversity within or outside the union . such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide comprehensive sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes . forests should be considered as biodiverse according to the criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . however , biodiversity , as well as the quality , health , viability and vitality of these forests should be guaranteed . having regard , furthermore , to the nature of certain grasslands , both temperate and tropical , including savannahs , steppes , scrublands and prairies , should not qualify for the incentives provided for by this directive . the commission should establish appropriate and comprehensive criteria to define such highly valued land in accordance with the best available scientific evidence and relevant international standards .


### however , biofuels , bioliquids and biomass fuels produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points , and of this paragraph . this provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels , bioliquids and biomass fuels . ### however , biofuels , bioliquids and biomass fuels produced from forest biomass from thinnings and biodiversity enhancing management activities , waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points , and of this paragraph . this provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels , bioliquids and biomass fuels .


### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 . ### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the supply base level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 .


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### the commission shall keep annex v and annex vi under review , with a view , where justified , to adding or revising values for biofuel , bioliquid and biomass fuel production pathways . that review shall also consider the modification of the methodology laid down in part c of annex v and in part b of annex vi . ### the commission shall keep annex v and annex vi under review , with a view , where justified , to adding or revising values for biofuel , bioliquid and biomass fuel production pathways based on the latest technological developments and scientific evidence . that review shall also consider the modification of the methodology laid down in part c of annex v and in part b of annex vi .


### the promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation . it is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers . ### the promotion of low carbon fossil fuels that are produced from gaseous waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation . it would therefore be appropriate to develop a methodology on their possible contribution towards the aims of this directive and the union decarbonisation policy objectives at large .


### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and they shall distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change and other unintended sustainability impacts .


### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article . ### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2026 , the commission shall , in collaboration with the standing forestry committee , assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal for the period after 2030 to modify the requirements laid down in paragraphs 5 and 6 .


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


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the supply base level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee and of the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that carbon stocks and sinks levels in the forest are maintained . ### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to long - term maintain or increase forest carbon stocks .


### to determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question may be used . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### to determine the share of renewable electricity for the purposes of paragraph 1 , the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question , may be used . if a supplier chooses to supply fully renewable electricity to the transport sector , the additionality of the renewable electricity needs to be shown . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . the commission shall , by 2022 , develop a suitable methodology for the purpose of accurately accounting renewable electricity in road and rail transport .


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the supply base level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , together with the standing forestry committee established by council decision 89 / 367 / eec24 , following the consultation of the energy union governance committee . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### ‘ advanced biofuels’ means biofuels that are produced from feedstocks listed in part a of annex ix ; ### ‘ advanced biofuels’ means biofuels that are produced from biomass other than food or feed crops while meeting sustainability and greenhouse gas emissions saving criteria for biofuels , bioliquids and biomass fuels ;


### since the objectives of this directive , namely to achieve at least 27% share of energy from renewable sources in the union ' s gross final consumption of energy by 2030 , cannot be sufficiently achieved by the member states but can rather , by reason of the scale of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , namely to achieve at least 35% share of energy from renewable sources in the union ' s gross final consumption of energy and at least a 10% share of energy from renewable sources in each member state ' s transport energy consumption by 2030 , cannot be sufficiently achieved by the member states but can rather , by reason of the scale of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### to create opportunities for reducing the cost of meeting the union target laid down in this directive and to give flexibility to member states to comply with their obligation not to go below their 2020 national targets after 2020 , it is appropriate both to facilitate the consumption in member states of energy produced from renewable sources in other member states , and to enable member states to count energy from renewable sources consumed in other member states towards their own renewable energy share . for this reason , cooperation mechanisms are required to complement the obligations to open up support to projects located in other member states . those mechanisms include statistical transfers , joint projects between member states or joint support schemes . ### to create opportunities for reducing the cost of meeting the targets laid down in this directive and to give flexibility to member states to comply with their obligation not to go below their 2020 national targets after 2020 , it is appropriate both to facilitate the consumption in member states of energy produced from renewable sources in other member states , and to enable member states to count energy from renewable sources consumed in other member states towards their own renewable energy share . for this reason , cooperation mechanisms are required to complement the obligations to open up support to projects located in other member states . those mechanisms include statistical transfers , joint projects between member states or joint support schemes .


### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating the annex , should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure that annex ix takes into account the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , a lifecycle assessment of emissions and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission should regularly evaluate the annex and consider the effects on markets for products , wastes or residues in any amendment of it . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive . ### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts irrespectively of the geographical origin of the biomass , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive .


### member states should take additional measures in the event that the share of renewables at the union level does not meet the union trajectory towards the at least 27% renewable energy target . as set out in regulation [ governance ] , if an ambition gap is identified by the commission during the assessment of the integrated national energy and climate plans , the commission may take measures at union level in order to ensure the achievement of the target . if a delivery gap is identified by the commission during the assessment of the integrated national energy and climate progress reports , member states should apply the measures set out in regulation [ governance ] , which are giving them enough flexibility to choose . ### member states should take additional measures in the event that the share of renewables at the union level does not meet the union trajectory towards the at least 35% renewable energy target . as set out in regulation [ governance ] , if an ambition gap is identified by the commission during the assessment of the integrated national energy and climate plans , the commission may take measures at union level in order to ensure the achievement of the target . if a delivery gap is identified by the commission during the assessment of the integrated national energy and climate progress reports , member states should apply the measures set out in regulation [ governance ] .


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should ensure that measures are taken to avoid and limit negative consequences of harvesting on the environment . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### ‘ harvesting permit’ means an official document giving the right to harvest the forest biomass ; ### ‘ harvesting permit’ means an official right to harvest the forest biomass based on member states’ legislation ;


### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels , and not creating risk of negative impacts on the environment and biodiversity . ### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels based on a lifecycle assessment of emissions , and not creating risk of negative impacts on the environment and biodiversity .


### ‘ biowaste’ means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , and comparable waste from the food processing industry ; ### ‘ biowaste’ means biowaste as defined in article 3 of directive 2008 / 98 / ec ;


### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems . ### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems , and explore the possibility of supporting sustainable forestry and afforestation initiatives in connection with the production of local energy , such as peat , in order to maximize long term greenhouse gas savings .


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the supply base level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin . ### moreover , proofs of origin in accordance with the principles set out in article 19 may be used to certify the renewable character of electricity . the use of energy from renewable sources shall be counted towards national renewable - energy targets . in all other cases , the calculation shall be based either on the average share of electricity from renewable energy sources in the union , or on the share of electricity from renewable energy sources in the member state in which the electricity is supplied expressed as an average over the preceding two years .


### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to extend the annex to new feedstocks . ### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , a regular evaluation of it should take place .


### however , biofuels , bioliquids and biomass fuels produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points , and of this paragraph . this provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels , bioliquids and biomass fuels . ### biofuels , bioliquids and biomass fuels produced from waste and residues from agricultural land , whether within or outside the eu , shall be taken into account for the purposes referred to in points , and of the first subparagraph only if measures have been taken by the operators to avoid any negative impacts on soil quality and soil carbon , in particular regarding minimum soil cover , minimum land management reflecting site specific conditions to limit erosion and maintenance of soil organic matter level through appropriate practices .


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , electricity obtained from direct connection to an installation generating renewable electricity may be counted as renewable electricity . similarly , electricity obtained through power purchase agreements for renewable electricity shall be counted in its entirety as renewable electricity . similarly , electricity from surplus renewable production may be counted in its entirety as renewable electricity if it comes from a grid - stabilisation storage facility .


### member states shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria set out in article 26 to and make available to the member state , on request , the data that were used to develop the information . member states shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted , and to provide evidence that this has been done . the auditing shall verify that the systems used by economic operators are accurate , reliable and protected against fraud . it shall evaluate the frequency and methodology of sampling and the robustness of the data . ### member states shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria set out in article 26 to and make available to the member state , on request , the data that were used to develop the information . member states shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted , and to provide evidence that this has been done . up to the first gathering point of the biomass , first or second party auditing could be used . the auditing shall verify that the systems used by economic operators are accurate , reliable and protected against fraud . it shall evaluate the frequency and methodology of sampling and the robustness of the data .


### a representative of the european foundation for the improvement of living and working conditions and a representative of the european agency for safety and health at work , ### a representative of the european foundation for the improvement of living and working conditions , a representative of the european agency for safety and health at work , and a representative of the european institute for gender equality ,


### improve the knowledge of undeclared work by means of common concepts , measurement tools and promotion of joint comparative analysis and related relevant indicators , ### improve the knowledge of undeclared work by means of common concepts , measurement tools and promotion of joint comparative analysis and related relevant indicators , including gender - and age - sensitive indicators ,


### the commission shall promote and ensure the uptake and use of the data and services provided by the programme ' s components in the public and private sectors , including by supporting appropriate development of those services and by fostering a stable long - term environment . it shall develop synergies between the applications of the various components of the programme . it shall ensure complementarity , consistency , synergies and links between the programme and other union actions and programmes . ### the commission shall promote and ensure the uptake and use of the data and services provided by the programme ' s components in the public and private sectors , including by supporting appropriate development of those services and , where necessary , the development of the corresponding standards at eu level and by fostering a stable long - term environment . it shall develop synergies between the applications of the various components of the programme . it shall ensure complementarity , consistency , synergies and links between the programme and other union actions and programmes , including , where appropriate , by ensuring the compatibility and the interoperability between those services and projects financed by other union actions and programmes .


### the report on income tax information shall be made accessible to the public on the website of the undertaking on the date of its publication . ### the report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the website of the undertaking on the date of its publication in at least one of the official languages of the union . on the same date , the undertaking shall also file the report in a public registry managed by the european commission .


### the report on income tax information shall be made accessible to the public on the date of its publication on the website of the branch or on the website of an affiliated undertaking . ### the report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the branch or on the website of an affiliated undertaking in at least one of the official languages of the union . on the same date , the undertaking shall also file the report in a public registry managed by the european commission .


### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each member state , the information should be broken down by member state . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges . for all other third country operations , the information should be given in an aggregate number . ### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each member state , only key information , which does not act as an obstacle towards the undertaking ' s competitiveness , should be broken down by member state . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges . for all other third country operations , the information should be given in an aggregate number in order to ensure the proportionality of this proposal and its reasonable feasibility .


### the report on income tax information shall be published and made accessible on the website in at least one of the official languages of the union . ### the report on income tax information shall be published in a common template available in an open data format and made accessible on the website in at least one of the official languages of the union . on the same date , the undertaking shall also file the report in a public registry managed by the european commission .


### member states shall provide for penalties applicable to infringements of the national provisions adopted in accordance with this directive and shall take all the measures necessary to ensure that those penalties are enforced . the penalties provided for shall be effective , proportionate and dissuasive . ’ ### in article 51 , paragraph 1 is replaced by the following : member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive and shall at least include administrative fines , exclusions from public call for tenders and from the award of funding from the union ' s structural funds . member states shall notify those provisions to the commission at the latest by [ date for transposition ] and shall notify it without delay of any subsequent amendment affecting them . ’


### member states shall provide for penalties applicable to infringements of the national provisions adopted in accordance with this directive and shall take all the measures necessary to ensure that those penalties are enforced . the penalties provided for shall be effective , proportionate and dissuasive . ’ ### in article 51 , paragraph 1 is replaced by the following : member states shall ensure that undertakings are held liable for the infringement of the national provisions adopted pursuant to this directive . without prejudice to the right of the member states to impose criminal penalties , member states shall designate or establish competent authorities to adopt appropriate administrative measures and impose administrative penalties for the infringement by undertakings of national provisions adopted for the purpose of transposing this directive . member states shall ensure that those administrative measures and penalties are applied and enforced . the administrative measures and penalties shall be effective , proportionate and dissuasive . member states shall provide the commission with the names and other details of the competent authorities responsible for adopting and imposing administrative measures and penalties pursuant to the second paragraph . the competent authorities shall submit an annual report to the commission on their activity in monitoring the application of this directive . ’


### four members with the right to vote representing civil society and food chain interests namely , one from consumers organisations , one from environmental non - governmental organisations , one from farmers organisations and one from industry organisations . those members shall be appointed by the council in consultation with the european parliament on the basis of a list drawn up by the commission which includes more names than there are posts to be filled . the list drawn up by the commission shall be forwarded to the european parliament , together with the relevant background documents . as quickly as possible and within three months of notification , the european parliament may submit its views for consideration to the council , which shall then appoint those members . ### six members with the right to vote representing civil society and food chain interests namely , one from consumers organisations , one from environmental non - governmental organisations , one from farmers organisations , one from fisheries and aquaculture organisations , one from the agrochemical industry and one from the food industry . those members shall be appointed by the council in consultation with the european parliament on the basis of a list drawn up by the commission which includes more names than there are posts to be filled . the list drawn up by the commission shall be forwarded to the european parliament , together with the relevant background documents . as quickly as possible and within three months of notification , the european parliament may submit its views for consideration to the council , which shall then appoint those members .


### in order to facilitate the introduction of natural gas vehicles the current total hydrocarbons emission limit should be increased and the effect of methane emissions should be taken into account and expressed as a co2 equivalent for regulatory and consumer information purposes . ### in order to facilitate the introduction of natural gas vehicles the current total hydrocarbons emission limit should be increased .


### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' . ### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' .


### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . ### this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 7 500 kg .


### an offer of securities addressed to fewer than 150 natural or legal persons per member state , other than qualified investors ; ### addressed to fewer than 500 natural or legal persons per member state , other than qualified investors ; existing shareholders and employees shall not be included when calculating the number of persons to whom the offer is addressed ;


### smes may choose to draw up a prospectus under the minimum disclosure regime for smes in the case of an offer of securities to the public provided that they have no securities admitted to trading on a regulated market . ### smes and mid - cap enterprises as well as issuers referred to in article 3 may choose to draw up an eu growth prospectus under the proportionate disclosure regime set out in this article in the case of an offer of securities to the public except where the securities are to be admitted to trading on a regulated market .


### without prejudice to article 30 of regulation no 1095 / 2010 , esma shall organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities , including notifications of approval between competent authorities . the peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers ' ability to raise capital in the european union . the report on this peer review shall be published no later that three years after the date of application of this regulation . in the context of this peer review , esma shall , where appropriate , request opinions or advice from the securities and markets stakeholder group referred to in article 37 of regulation no 1095 / 2010 . ### without prejudice to article 30 of regulation no 1095 / 2010 , esma shall organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities , including notifications of approval between competent authorities . the peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers ' ability to raise capital in the european union . the report on this peer review shall be published no later than three years after the date of application of this regulation . in the context of this peer review , esma shall take into account advice from the securities and markets stakeholder group referred to in article 37 of regulation no 1095 / 2010 .


### an offer of securities with a total consideration in the union of less than eur 500 000 , which shall be calculated over a period of 12 months ; ### an offer of securities with a total consideration in the union of less than eur 1 000 000 , which shall be calculated over a period of 12 months ;


### for offers of securities to the public of a consideration below eur 500 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should refrain to impose at national level disclosure requirements which would constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market . ### for offers of securities to the public with a total consideration below eur 1 000 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should not extend the requirement to draw up a prospectus in accordance with this regulation to offers of securities with a total consideration below that threshold . furthermore , member states should refrain from imposing at national level other disclosure requirements which could constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market . where member states impose such national disclosure requirements , they should notify the commission and esma of the applicable rules . the commission should analyse such national disclosure requirements and should incorporate the results in its work on crowdfunding , taking into account the need to avoid fragmentation of the internal market .


### the minimum information required to be disclosed by smes under the specific disclosure regime should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors , and should aim at ensuring proportionality between the size of the company and its fundraising needs , on the one hand , and the cost of producing a prospectus , on the other hand . in order to ensure smes can draw up prospectuses without incurring costs that are not proportionate to their size , and thus the size of their fundraising , the specific disclosure regime for smes should be more flexible than that applying to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed . ### the reduced information required to be disclosed by smes and mid - cap enterprises under the proportionate disclosure regime for eu growth prospectuses should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors , and should aim at ensuring proportionality between the size of the company and its fundraising needs , on the one hand , and the cost of producing a prospectus , on the other hand . in order to ensure smes and mid - cap enterprises can draw up prospectuses without incurring costs that are not proportionate to their size , and thus the size of their fundraising , the eu growth prospectus regime should be more flexible than the regime which applies to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed . when setting out the details of the proportionate disclosure regime for eu growth prospectuses , the commission should take into account the need to facilitate access to capital markets for smes and mid - cap enterprises while ensuring investor confidence in investing in such companies , the need to minimise costs and burden for smes and mid - cap enterprises , the need to elicit specific types of information of special relevance to smes and mid - cap enterprises , the size of the issuer and how long it has been operating , the various types and characteristics of offers , and the various types of information needed by investors relating to the different types of securities .


### the responsible importer of the minerals or metals within the scope of this regulation shall : ### each importer of the minerals and metals within the scope of this regulation shall , in accordance with oecd guidelines :


### ' importer ' means any natural or legal person declaring minerals or metals within the scope of this regulation for release for free circulation within the meaning of article 79 of council regulation no 2913 / 199213 ; __________________ 13 council regulation no 2913 / 92 of 12 october 1992 establishing the community customs code . ### ' importer ' means any natural or legal person placing on the market for the first time minerals or metals within the scope of this regulation for release for free circulation within the meaning of article 79 of council regulation no 2913 / 1992 ; __________________ 13 council regulation no 2913 / 92 of 12 october 1992 establishing the community customs code .


### the commission shall update the information included in the list in a timely manner . the commission shall remove from the list the names of the smelters and refiners that are no longer recognised as responsible importers by member states in accordance with article 14 , or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers . ### the commission shall update the information included in the list in a timely manner . every six months , the commission shall remove from the list the names of the importers that are no longer recognised as responsible importers by member states in accordance with article 14 , or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers .


### independent third - party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope , objective and principles set out in article 6 of the regulation , ### independent third - party audits regarding each of the smelters or refiners and / or any other intermediary in its supply chain carried out in accordance with the scope , objective and principles set out in article 6 of the regulation ,


### the member state competent authorities shall carry out appropriate ex - post checks in order to ensure that self - certified responsible importers of the minerals or metals within the scope of this regulation comply with their obligations pursuant to articles 4 , 5 , 6 , and 7 of this regulation . ### the member state competent authorities shall carry out appropriate ex - post checks in order to ensure that certified responsible importers of the minerals or metals within the scope of this regulation comply with their obligations pursuant to articles 4 , 5 , 6 , and 7 of this regulation


### in case of an infringement of the provisions of this regulation , the competent authorities of member states shall issue a notice of remedial action to be taken by the responsible importer . ### in case of an infringement of the provisions of this regulation , the competent authorities of member states shall notify the responsible importer of the remedial action to be taken by him .


### on the basis of the information provided by the member states in their reports as referred to in article 15 , the commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this regulation . ### on the basis of the information provided by the member states in their reports as referred to in article 15 , the commission shall adopt and make publicly available a decision listing the names and addresses of responsible importers of minerals within the scope of this regulation .


### ' self - certification ' means the act of declaring one ' s adherence to the obligations relating to management systems , risk management , third - party audits and disclosure as set out in this regulation ; ### ' european responsible importer certificate ' means the document issued by the competent authorities to any importer who undertakes to observe the rules set out in this regulation ;


### smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting , disclosing and verifying information on the mineral’s origin and chain of custody . after this stage of transformation it is often considered unfeasible to trace back the origins of minerals . a union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices . ### smelters and refiners are an important point in global mineral supply chains as they are typically better placed to collect , disclose and verify information on the mineral’s origin and chain of custody . a union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies , which themselves must comply , depending on their position in the supply chain , with due diligence practices as defined in this regulation and the oecd guidance .


### this regulation lays down the supply chain due diligence obligations of union importers who choose to be self - certified as responsible importers of minerals or metals containing or consisting of tin , tantalum , tungsten and gold , as set out in annex i . ### this regulation lays down the supply chain due diligence obligations of all union importers who source minerals and metals falling within the scope of this regulation , in accordance with the oecd guidance . it is designed to guarantee transparency and traceability in respect of their sourcing practices in conflict - affected or high - risk areas , in order to minimise or prevent violent conflicts and human rights abuses by curtailing the opportunities for armed groups and security forces , as defined in annex ii to the oecd due diligence guidance , to trade in these minerals and metals .


### any importer of minerals or metals within the scope of the regulation may self - certify as responsible importer by declaring to a member state competent authority that it adheres to the supply chain due diligence obligations set out in this regulation . the declaration shall contain documentation in which the importer confirms its adherence to the obligations including results of the independent third - party audits carried out . ### deleted


### ' responsible importer ' means any importer who chooses to self - certify according to the rules set out in this regulation ; ### ‘ responsible importer’ means any importer who complies with the rules set out in this regulation ;


### list of responsible smelters and refiners ### list of responsible importers


### name and address of each of the responsible smelters or refiners in its supply chain , ### name and address of each of the smelters or refiners and / or any other intermediary in its supply chain ,


### the member state competent authorities are responsible to ensure the uniform compliance of the self - certification of responsible importers by carrying out appropriate ex - post checks so as to verify whether the self - certified responsible importers of the minerals and / or metals within the scope of the regulation comply with the supply chain due diligence obligations . records of such checks should be kept for at least 5 years . member states are responsible to lay down the rules applicable to infringements of the provisions of this regulation . ### the member state competent authorities are responsible to ensure the uniform compliance of the certification of responsible importers by carrying out appropriate ex - post checks so as to verify whether the certified responsible importers of the minerals and / or metals within the scope of the regulation comply with the supply chain due diligence obligations . records of such checks should be kept for at least 5 years . the commission is responsible to lay down the rules applicable to infringements of the provisions of this regulation and to notify those rules to the member states .


### on 7 october 2010 , the european parliament passed a resolution calling for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . 9 commodity markets and raw materials , com 25 final . 10 trade , growth and development , com 22 final . ### in its resolutions of 7 october 20101 , of 8 march 20112 , of 5 july 20113 and of 26 february 20144 , the european parliament called for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . __________________ 1 european parliament resolution of 7 october 2010 on failures in protection of human rights and justice in the democratic republic of congo 2 european parliament resolution of 8 march 2011 on tax and development – cooperating with developing countries on promoting good governance in tax matters . 3 european parliament resolution of 5 july 2011 on increasing the impact of eu development policy . 4 european parliament resolution of 26 february 2014 on promoting development through responsible business practices , including the role of extractive industries in developing countries 5 commodity markets and raw materials , com 25 final . 6 trade , growth and development , com 22 final .


### this regulation sets up a union system for supply chain due diligence self - certification in order to curtail opportunities for armed groups and security forces12to trade in tin , tantalum and tungsten , their ores , and gold . it is designed to provide transparency and certainty as regards the supply practices of importers , smelters and refiners sourcing from conflict - affected and high - risk areas . __________________ 12 ‘ armed groups and security forces’ as defined in annex ii of the oecd due diligence guidance for responsible supply chains of minerals from conflict - affected and high - risk areas : second edition , oecd publishing . http : / / dx . doi . org / 10 . 1787 / 9789264185050 - en . ### this regulation sets up a union system for supply chain due diligence mandatory certification in order to eradicate trading in minerals and metals by armed groups and security forces12 . it is designed to provide transparency and certainty as regards the supply practices of importers , in particular smelters and refiners sourcing from conflict - affected and high - risk areas . __________________ 12 ‘ armed groups and security forces’ as defined in annex ii of the oecd due diligence guidance for responsible supply chains of minerals from conflict - affected and high - risk areas : second edition , oecd publishing . http : / / dx . doi . org / 10 . 1787 / 9789264111158 - en .


### in order to ensure the proper implementation of this regulation , implementing powers should be conferred on the commission . the implementing powers relating to the list of responsible smelters and refiners and the list of member state competent authorities should be exercised in accordance with regulation no 182 / 201111 . __________________ 11 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 . ### in order to ensure the proper implementation of this regulation , implementing powers should be conferred on the commission . the implementing powers relating to the list of responsible importers and the list of member state competent authorities should be exercised in accordance with regulation no 182 / 201111 . __________________ 11 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 .


### a common approach to the services delivered by the organisations participating in the eures network should be established and the principle of equal treatment of workers and employers seeking assistance on intra - union labour mobility , regardless of their location in the union , should be secured as much as possible , and therefore principles and rules should be established regarding the availability of support services in the territory of the individual member states . this common approach also covers apprenticeships and traineeships considered as work . ### a common approach to the services delivered by the organisations participating in the eures network should be established and the principle of equal treatment of trainees , apprentices and workers , as well as employers seeking assistance on intra - union labour mobility , regardless of their location in the union , should be secured as much as possible , and therefore principles and rules should be established regarding the availability of support services in the territory of the individual member states .


### for the purpose of paragraph 1 , member states shall support the development of integrated online access as a first source of information for workers , frontier workers and employers . ### for the purpose of paragraph 1 , member states shall support the development of integrated online access as a first source of information for jobseekers , traineeship , apprentices , workers , frontier workers and employers .


### member states shall seek to develop one stop shop solutions for the communication with workers and employers on the common activities of the eures network and those services and networks . ### member states shall seek to develop one stop shop solutions , including online solutions , for the communication with jobseekers , trainees , apprentices , workers and employers on the common activities of the eures network and those services and networks .


### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union . ### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures , including cross - border partnerships , and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task to support the creation of instruments and procedures for the functioning of eures and to deal with complaints and problems concerning job vacancies and administrative barriers , particularly in areas with large labour shortages that are at risk of creating imbalances on the labour market , verify compliance issues as regards voluntary and fair labour mobility within the union , settle complaints to avoid varying interpretations of existing legislation , and deal with cases of discrimination and data protection . member states with a decentralised system should consider setting up regional coordination offices .


### 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 .


### ‘ job vacancy’ means any offer for employment , including for apprenticeships and traineeships considered as work ; ### ‘ vacancy’ means any offer for employment , apprenticeship or traineeship ; the rules governing traineeships and apprenticeships , and the conditions under which they take place , shall be determined in the context of existing national and union law ;


### actions by and between member states to facilitate the achievement of a balance between supply and demand in the labour market of the union , with a view to promote a high level of employment ; ### actions by and between member states to facilitate the achievement of a balance between supply and demand in the labour market of the union , with a view to achieve high levels of employment ;


### 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 .


### if workers are interested in further assistance , the eures partners concerned provide information and guidance on individual employment opportunities and in particular offer them the following services : ### if jobseekers are interested in further assistance , the eures partners are encouraged to provide information and guidance on individual employment opportunities , including :


### to promote the use of the eures network and the cv database on the eures portal as a tool helping to fill job vacancies ; ### to promote , in particular online , the use of the eures network and the cv database on the eures portal as a tool helping to fill vacancies ;


### if workers are interested in further assistance and there is a reasonable likelihood of an intra - eu placement , the eures partners concerned provide further job search assistance , consisting of services such as the selection of suitable vacancies , assistance with drawing up job applications and cv ' s and providing translations and / or obtaining clarifications on specific job vacancies in other member states . ### if jobseekers are interested in further assistance and there is a reasonable likelihood of an intra - eu placement , the eures partners concerned may provide additional services such as the selection of suitable vacancies , assistance with drawing up job applications and cv ' s and providing translations and / or obtaining clarifications on specific vacancies in other member states .


### member states shall decide on the modalities for these contributions in their national systems on the basis of the principle of proportionality , taking into account factors such as the administrative capacity of the eures partner and its degree of participation in the eures network as referred to in paragraph 1 . ### member states shall decide on the modalities for these contributions .


### to jointly promote in the member state ' s territory the registration of employers on the eures network and their use of the common platform for european clearance ; ### to jointly promote and encourage in the member state ' s territory the registration of employers on the eures network and their use of the common platform for european clearance ;