### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up nine months after the first reporting of the data by the member states and every three years thereafter .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data and the availability of open data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years .


### reflecting the importance of tackling climate change in line with union’s commitments to implement the paris agreement , and the commitment to the united nations sustainable development goals , this regulation should therefore mainstream climate action and lead to the achievement of an overall target of 25% of the eu budget expenditures supporting climate objectives18 . actions under this programme are expected to contribute 60% of the overall financial envelope of the programme to climate objectives , based inter alia on the following rio markers : i ) 100% for the expenditures relating to railway infrastructure , alternative fuels , clean urban transport , electricity transmission , electricity storage , smart grids , co2 transportation and renewable energy ; ii ) 40% for inland waterways and multimodal transport , and gas infrastructure - if enabling increased use of renewable hydrogen or bio - methane . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . in order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project ' s economic evaluation , projects supported by the programme should be subject to climate proofing in accordance with guidance that should be developed by the commission coherently with the guidance developed for other programmes of the union where relevant . _________________ 18 com 321 , page 13 ### reflecting the importance of tackling climate change in line with union’s commitments to implement the paris agreement , and the commitment to the united nations sustainable development goals , this regulation should therefore mainstream climate action and lead to the swift achievement of an overall target of 30% of the eu budget expenditures supporting climate objectives18 . actions under this programme are expected to contribute 60% of the overall financial envelope of the programme to climate objectives , based inter alia on the following rio markers : i ) 100% for the expenditures relating to railway infrastructure , alternative fuels , clean urban transport , electricity transmission , electricity storage , smart grids , co2 transportation and renewable energy ; ii ) 40% for inland waterways and multimodal transport , and gas infrastructure - if enabling increased use of renewable hydrogen or bio - methane . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . in order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project ' s economic evaluation , projects supported by the programme should be subject to climate proofing in accordance with guidance that should be developed by the commission coherently with the guidance developed for other programmes of the union where relevant . _________________ 18 com 321 , page 13


### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . ### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting new and existing transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure .


### the grant agreement may be terminated on the basis of the grounds specified in paragraph 1 . ### the grant agreement may be terminated on the basis of the grounds specified in paragraph 1 . in that event , the commission shall make the unused funds available to other projects without delay .


### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 25% of their national esf + resources of the esf + strand under shared management to fostering social inclusion . ### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 25% of their national esf + resources of the esf + strand under shared management to fostering social inclusion and integration .


### the esf + shall support the following specific objectives in the policy areas of employment , education , social inclusion and health and thereby also contributing to the policy objective for &#8220 ; a more social europe - implementing the european pillar of social rights&#8221 ; set out in article [ 4 ] of the [ future cpr ] : ### the esf + shall support the following specific objectives in the policy areas of employment , education , social inclusion , effective socio - economic integration of third country nationals , and health and thereby also contributing to the policy objective for &#8220 ; a more social europe - implementing the european pillar of social rights&#8221 ; set out in article [ 4 ] of the [ future cpr ] :


### contributing to a high level of health for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption ; ### contributing to a high level of health for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption ; thereby focusing on stimulating research , innovation and the exchange of best practices between stakeholders in these fields .


### technical and scientific work , including studies and coordination activities , necessary to ensure the correct implementation of the legislation in the area related to the specific objective referred to in article 3 and the adaptation of that legislation to scientific , technological and societal developments . ### technical and scientific work , including studies and coordination activities , necessary to safeguard prevention of the appearance of new as well as unknown pests and diseases and to ensure the correct implementation of the legislation in the area related to the specific objective referred to in article 3 and the adaptation of that legislation to scientific , technological and societal developments .


### –providing timely and relevant data for the needs of the common agricultural policy , common fisheries policy and policies related to the environment , food security and animal welfare . ### —providing timely and relevant data for the needs of the common agricultural policy , common fisheries policy and policies related to the environment , food security and animal welfare , as well as statistics on species not mentioned in regulation 2018 / 1091 on integrated farm statistics , and livestock that are subject to regulation 2016 / 429 on transmissible animal diseases and to regulation 2016 / 1012 on zootechnical and genealogical conditions for breeding ;


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum legal standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . __________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data , enshrined in articles 7 and 8 of the charter of fundamental rights and article 8 of the european convention on human rights , is another area where whistleblowers are in a privileged position to disclose breaches of union law which can harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . __________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### accordingly , this directive draws upon the case law of the european court of human rights on the right to freedom of expression , and the principles developed on this basis by the council of europe in its 2014 recommendation on protection of whistleblowers51 . __________________ 51 cm / rec7 . ### accordingly , this directive draws upon the case law of the european court of human rights on the right to freedom of expression , and the principles developed on this basis by the council of europe in its 2014 recommendation on protection of whistleblowers51 and council of europe court case51a . __________________ 51 cm / rec7 . 51a guja v . moldova #14277 / 04


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . __________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration , including public and civil servants and officials . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . __________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### third parties may also be authorised to receive reports on behalf of private and public entities , provided they offer appropriate guarantees of respect for independence , confidentiality , data protection and secrecy . these can be external reporting platform providers , external counsel or auditors or trade union representatives . ### upon an assessment to be conducted on a case - by - case basis , third parties may also be authorised to receive reports on behalf of private and public entities , provided they offer appropriate guarantees of respect for independence , confidentiality , data protection and secrecy . these can be external reporting platform providers , external counsel or auditors or trade union representatives .


### the most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity , but , in any case , their function should ensure absence of conflict of interest and independence . in smaller entities , this function could be a dual function held by a company officer well placed to report directly to the organisational head , such as a chief compliance or human resources officer , a legal or privacy officer , a chief financial officer , a chief audit executive or a member of the board . ### the most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity , but , in any case , their function should ensure absence of conflict of interest , proper know - how and independence . in smaller entities , this function could be a dual function held by a company officer well placed to report directly to the organisational head , such as a chief compliance or human resources officer , a legal or privacy officer , a chief financial officer , a chief audit executive or a member of the board .


### in paragraph 2 , point is deleted . ### paragraph 2 is deleted .


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


### persons covered by first instance decisions rejecting applications for international protection , such as decisions considering applications as inadmissible or as unfounded and decisions under priority and accelerated procedures , taken by administrative or judicial bodies during the reference period ; ### in paragraph 2 , point is replaced by the following : persons covered by first instance decisions rejecting applications for international protection taken by administrative or judicial bodies during the reference period , disaggregated as follows : decisions considering applications as inadmissible , further disaggregated by ground for inadmissibility ; decisions rejecting applications as unfounded ; decisions rejecting applications as manifestly unfounded in the regular procedure , further disaggregated by ground for rejection ; decisions rejecting applications as manifestly unfounded in the accelerated procedure , further disaggregated by ground for acceleration and ground for rejection ;


### persons covered by final decisions rejecting applications for international protection , such as decisions considering applications as inadmissible or as unfounded and decisions under priority and accelerated procedures , taken by administrative or judicial bodies in appeal or review during the reference period ; ### in paragraph 3 , point is replaced by the following : persons covered by final decisions rejecting applications for international protection taken by administrative or judicial bodies in appeal or review during the reference period , disaggregated as follows : decisions considering applications as inadmissible , further disaggregated by ground for inadmissibility ; decisions rejecting applications as unfounded ; decisions rejecting applications as manifestly unfounded in the regular procedure , further disaggregated by ground for rejection ; decisions rejecting applications as manifestly unfounded in the accelerated procedure , further disaggregated by ground for acceleration and ground for rejection ;


### persons covered by first instance decisions granting or withdrawing refugee status , taken by administrative or judicial bodies during the reference period ; ### in paragraph 2 , point is replaced by the following : persons covered by first instance decisions , taken by administrative or judicial bodies during the reference period , granting , revoking , ending or refusing to renew refugee status based on cessation , exclusion or other grounds ; decisions taken on cessation or exclusion shall be further disaggregated by the specific ground on which cessation or exclusion is based ;


### persons covered by first instance decisions granting or withdrawing subsidiary protection status , taken by administrative or judicial bodies during the reference period ; ### in paragraph 2 , point is replaced by the following : persons covered by first instance decisions , taken by administrative or judicial bodies during the reference period , granting , revoking , ending or refusing to renew subsidiary protection status based on cessation , exclusion or other grounds ; decisions taken on cessation or exclusion shall be further disaggregated by the specific ground on which cessation or exclusion is based ;


### persons covered by final decisions granting or withdrawing refugee status taken by administrative or judicial bodies in appeal or review during the reference period ; ### in paragraph 3 , point is replaced by the following : persons covered by final decisions , taken by administrative or judicial bodies during the reference period , granting , revoking , ending or refusing to renew refugee status based on cessation , exclusion or other grounds ; decisions taken on cessation or exclusion shall be further disaggregated by the specific ground on which cessation or exclusion is based .


### persons covered by final decisions granting or withdrawing subsidiary protection status taken by administrative or judicial bodies in appeal or review during the reference period ; ### in paragraph 3 , point is replaced by the following : persons covered by final decisions , taken by administrative or judicial bodies during the reference period , granting , revoking , ending or refusing to renew subsidiary protection status based on cessation , exclusion or other grounds ; decisions taken on cessation or exclusion shall be further disaggregated by the specific ground on which cessation or exclusion is based .


### third - country nationals refused entry to the member state ' s territory at the external border ; ### article 5 is amended as follows in paragraph 1 , point is replaced by the following : third - country nationals refused entry to the member state ' s territory at the external border , disaggregated by age and sex ;


### the statistics under point shall be disaggregated by age and sex , and by citizenship of the persons concerned . ### in article 5 , paragraph 1 , subparagraph 3 is replaced by the following : the statistics under point shall be disaggregated by age and gender , and by citizenship of the persons concerned . '


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


### the commission shall be empowered to adopt implementing acts for the purpose of specifying disaggregations in line with articles 4 , 5 , 6 and 7 and laying down the rules on the appropriate formats for the transmission of data as provided for in article 9 . these implementing acts shall be adopted in accordance with the procedure referred to in article 11 . ### the commission shall adopt implementing acts laying down the rules on the appropriate formats for the transmission of data as provided for in article 9 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 11 .


### committee ### article 11 is amended as follows : the title is replaced by the following : committee procedure


### in adopting the implementing measures , the commission shall be assisted by the statistical programme committee , established by decision 89 / 382 / eec , euratom . ### paragraph 1 is replaced by the following : the commission shall be assisted by the european statistical system committee , established by regulation no 223 / 2009 . that committee shall be a committee within the meaning of regulation no 182 / 2011 .


### where reference is made to this paragraph , article 5 and article 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . the period laid down in article 5 of decision 1999 / 468 / ec shall be set at three months . ### paragraph 2 is replaced by the following : 2 . where reference is made to this paragraph , article 5 and article 10 of regulation no 182 / 2011 shall apply , having regard to the provisions of article 11 thereof .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . ### reflecting the importance of tackling climate change in line with the union ' s climate objectives and its commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 30 % of the eu budget expenditure supporting climate objectives .


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the funds , the european investment stabilisation function and investeu . ### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and union funding . they should also serve to use union funding in a coherent manner , to phase - out environmentally harmful subsidies and to maximise the added value of the financial support to be received notably from the funds , the european investment stabilisation function and investeu .


### the economic and financial crisis has shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps member states to respond more efficiently to shocks and recover more swiftly from them . the implementation of structural reforms is among the union’s policy priorities because such reforms seek to set the recovery on a sustainable path , unlock the growth potential , strengthen the adjustment capacity and support the process of upward convergence . pursuing structural reforms can also contribute to strengthening economic and social cohesion , boosting productivity and investment and creating good conditions for sustainable growth and employment in the union . ### the economic and financial crisis has shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps member states to respond more efficiently to shocks and recover more swiftly from them . the implementation of structural reforms is among the union’s policy priorities because such reforms seek to set the recovery on a sustainable path , unlock the growth potential , strengthen the adjustment capacity and support the process of upward convergence . pursuing structural reforms can also contribute to strengthening economic and social cohesion , boosting productivity and investment and creating good conditions for sustainable growth , safeguarding jobs and employment in the union .


### against that background , it is necessary to strengthen the current framework for the provision of support to member states by offering direct financial support , alongside technical support . to that end , a new reform support programme should be established to provide effective incentives to step up the implementation of structural reforms in the member states . the programme should be comprehensive and should also benefit from the experience gained by the commission and the member states from the use of the other instruments and programmes . the programme should also continue the actions and the mode of operation of the srsp , since they have been proven very useful , and have been appreciated by member states , for strengthening the administrative capacity of national authorities in various policy domains . the programme should also include targeted support for reforms in member states whose currency is not the euro and which have taken demonstrable steps towards adopting the single currency within a given time - frame . ### against that background , it is necessary to strengthen the current framework for the provision of support to member states by offering direct financial support , alongside technical support . to that end , a new reform support programme should be established to provide effective incentives to step up the implementation of structural reforms in the member states . the programme should be comprehensive and should also benefit from the experience gained by the commission and the member states from the use of the other instruments and programmes . the programme should also continue the actions and the mode of operation of the srsp , since they have been proven very useful , and have been appreciated by member states , for strengthening the administrative capacity of national authorities at all levels of government in various policy domains . the programme should also include targeted support for reforms in member states whose currency is not the euro and which have taken demonstrable steps towards adopting the single currency within a given time - frame .


### specific objectives should be set for each instrument of the programme . with regard to the reform delivery tool , they should consist of fulfilling concrete milestones and targets set out in relation to the completion of reform commitments , which would trigger the release of the financial incentives . with regard to the technical support instrument , they should be to assist national authorities in their endeavours to design and implement reforms , by taking into account good practices and lessons learned from peers . those objectives should be pursued in all member states under those two instruments and , in the context of the convergence facility , by those member states whose currency is not the euro and which have taken demonstrable steps towards adopting the single currency within a given time - frame . ### specific objectives should be set for each instrument of the programme . with regard to the reform delivery tool , they should consist of fulfilling concrete milestones and targets set out in relation to the completion of reform commitments , which would trigger the release of the financial incentives . with regard to the technical support instrument , they should be to assist national authorities at all levels of government in their endeavours to design and implement reforms , by taking into account good practices and lessons learned from peers . those objectives should be pursued in all member states under those two instruments and , in the context of the convergence facility , by those member states whose currency is not the euro and which have taken demonstrable steps towards adopting the single currency within a given time - frame .


### to foster the stability of the reform commitments , a member state should have the possibility to amend the reform commitments only once within the period of implementation , where objective circumstances justify such a course of action . ### to foster the stability of the reform commitments , a member state should have the possibility to amend the reform commitments within the period of implementation , where objective circumstances justify such a course of action .


### to contribute to strengthening the administrative capacity of the member states in relation to challenges faced by institutions , governance , public administration , and economic and social sectors . ### to contribute to strengthening the administrative capacity of the member states at all levels of government in relation to challenges faced by institutions , governance , public administration , and economic and social sectors .


### where the commission gives a negative assessment to a proposal for reform commitments submitted by a member state , it shall communicate that assessment within four months of the official submission of the proposal for reform commitments by the member state . ### where the commission gives a negative assessment to a proposal for reform commitments submitted by a member state , it shall communicate that assessment within three months of the official submission of the proposal for reform commitments by the member state .


### pursuant to the objectives set out in point of article 4 and point of article 5 , the technical support instrument shall finance , in particular , the following types of action : ### pursuant to the objectives set out in point of article 4 and point of article 5 , the technical support instrument shall finance , in particular , the following types of action at national and other levels of government :


### the implementation of reforms by member states , undertaken on their own initiative , in particular to achieve sustainable economic growth and job creation ; ### the implementation of reforms by member states , undertaken on their own initiative , in particular to achieve sustainable economic growth and job creation and preservation ;


### as soon as the member state concerned has redacted all sensitive or confidential information , the disclosure of which would jeopardise public interests of the member state ; ### as soon as the member state concerned has redacted all confidential information , the disclosure of which would jeopardise public interests of the member state ;


### ensure complementarity , synergy , coherence and consistency among different instruments at union , national and , where appropriate , regional levels , in particular in relation to measures financed by union funds , both in the planning phase and during implementation ; ### ensure complementarity , synergy , coherence and consistency among different instruments at union , national and regional levels , in particular in relation to measures financed by union funds , both in the planning phase and during implementation ;


### ensure close cooperation between those responsible for implementation at union , national and , where appropriate , regional levels to deliver coherent and streamlined support actions under each of the instruments established under this regulation . ### ensure close cooperation between those responsible for implementation at union , national and regional levels to deliver coherent and streamlined support actions under each of the instruments established under this regulation .


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


### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low , such costs may be adjusted or established on any reasonable basis , including information from other representative markets or from international prices or benchmarks . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment . ### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low and do not reflect actual market values ; such costs may be adjusted or established on any reasonable basis , including information from other representative markets or from international prices or benchmarks . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant market distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country ; an appropriate representative country should be selected in a not unreasonable manner , provided that reliable information and relevant cost data are readily available at the time of selection . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and include a reasonable profit margin .


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


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


### for each environmental objective , uniform criteria for considering economic activities to be substantially contributing to that objective should be laid down . one element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this regulation . this is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective . the conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives . ### for each environmental objective , uniform criteria for considering economic activities to be substantially contributing to that objective should be laid down . another element of the uniform criteria should be identifying economic activities that significantly harm any of the environmental objectives set out in this regulation . the conditions for substantial contribution and for causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives and should enable to gradually shift investments away form environmentally harmful economic activities .


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


### this regulation establishes the criteria for determining whether an economic activity is environmentally sustainable for the purposes of establishing the degree of environmental sustainability of an investment . ### this regulation establishes the criteria for determining whether an economic activity is environmentally sustainable or environmentally harmful for the purposes of establishing the degree of environmental sustainability of an investment .


### member states shall apply the criteria for determining environmentally sustainable economic activities set out in article 3 for the purposes of any measures setting out requirements on market actors in respect of financial products or corporate bonds that are marketed as ' environmentally sustainable ' . ### member states shall apply the criteria for determining environmentally sustainable economic activities set out in article 3 and the criteria for environmentally harmful economic activities set out in article 3a for the purposes of any measures setting out requirements on market actors in respect of financial products or corporate bonds .


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


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


### increasing carbon capture and storage use ; ### increasing in industrial sectors the use of environmentally safe carbon capture and storage and environmentally safe carbon capture and utilisation delivering a net reduction in emissions and avoidance or permanent storage of co2 .


### public - public partnerships should aim to develop closer synergies , increase coordination and avoid unnecessary duplication with union , international , national and regional research programmes , and should fully respect the horizon 2020 general principles , in particular those relating to openness and transparency . ### public - public partnerships should aim to develop closer synergies , increase coordination and avoid unnecessary duplication and fragmentation with union , international , national and regional research programmes , and should fully respect the horizon 2020 general principles , in particular those relating to openness and transparency .


### regulation no 1291 / 2013 acknowledges that international cooperation with third countries is necessary to address effectively common challenges . international cooperation in research and innovation is a key aspect of the union’s global commitments and has an important role to play in the union’s partnership with neighbourhood countries . this cooperation follows the approach taken in the european neighbourhood policy to differentiate the level of cooperation with each country in the neighbourhood based on their commitment towards the union . ### regulation no 1291 / 2013 acknowledges that international cooperation with third countries is necessary to address effectively common challenges . international cooperation in research , science and innovation is a key aspect of the union’s global commitments and has an important role to play in the union’s partnership with neighbourhood countries . this cooperation follows the approach taken in the european neighbourhood policy to differentiate the level of cooperation with each country in the neighbourhood based on their commitment towards the union .


### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently agreed sustainable development goals and to the forthcoming european sustainable development strategy . ### prima aims at implementing a joint programme for the development and the adoption of innovative , multi - dimensional and integrated common solutions for improving the efficiency , safety , security and sustainability of food production and water provision , treatment and reuse in the mediterranean area based on principles of co - ownership , mutual interest and shared benefit . prima should contribute to the achievement of the recently agreed sustainable development goals and to the forthcoming european sustainable development strategy .


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . in addition , the eib should work to phase out the financing of projects that do not contribute to the union ' s climate objectives and the transition to a low - carbon economy . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### although the majority of marine litter originates from land - based activities , the shipping industry , including the fishing and recreational sectors , is also an important contributor , with discharges of garbage , including plastic and derelict fishing gear , going directly into the sea . ### every year between 150 000 to 500 000 tonnes of plastic enter the ocean only in the union . although the majority of marine litter originates from land - based activities , the shipping industry , including the fishing and recreational sectors , is also an important contributor , with discharges of garbage , including plastic and derelict fishing gear , going directly into the sea .


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


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


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


### ‘ recreational craft’ means a ship of any type , with a hull length of 2 . 5 metres and beyond , regardless of the means of propulsion , intended for sports or leisure purposes , and not engaged in trade ; ### ‘ recreational craft’ means a ship of any type , with a hull length of 24 metres and beyond , regardless of the means of propulsion , intended for sports or leisure purposes , and not engaged in trade ;


### ‘ catering waste’ means all waste food , including used cooking oil originating in restaurants , catering facilities and kitchens’ ; ### ‘ catering waste’ means all waste food , including used cooking oil originating in restaurants , catering facilities and kitchens and glass and plastics’ ;


### ‘ catering waste’ means all waste food , including used cooking oil originating in restaurants , catering facilities and kitchens’ ; ### ‘ international catering waste’ means all waste food generated during international voyages , including used cooking oil originating in restaurants , catering facilities and kitchens’ ;


### all ships , irrespective of their flag , calling at , or operating within , a port of a member state , with the exception of any warship , naval auxiliary or other ship owned or operated by a state and used , for the time being , only on a government non - commercial basis ; ### all ships , irrespective of their flag , calling at , or operating within , a port of a member state , with the exception of ships engaged in port related services within the meaning of regulation 2017 / 352 , any warship , naval auxiliary or other ship owned or operated by a state and used , for the time being , only on a government non - commercial basis ;


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


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


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


### the principle of mutual recognition derives from the case - law of the court of justice of the european union . according to this principle , member states may not prohibit the sale on their territory of goods which are lawfully marketed in another member state , even where the goods have been produced or manufactured in accordance with different technical rules . but the principle is not absolute . member states can oppose the marketing of goods lawfully marketed elsewhere , when such restrictions are justified on the grounds set out in article 36 of the treaty or on the basis of other overriding reasons of public interest , and which in either case are proportionate to the aim pursued . ### the principle of mutual recognition derives from the case - law of the court of justice of the european union . according to this principle , member states may not prohibit the sale on their territory of goods which are lawfully marketed in another member state , even where the goods have been produced or manufactured in accordance with different technical rules . but the principle is not absolute . member states can oppose the marketing of goods lawfully marketed elsewhere , when such restrictions are justified on the grounds set out in article 36 of the treaty or on the basis of other overriding reasons of public interest recognised by the ecj jurisprudence in relation to the free movement of goods , and which in either case are proportionate to the aim pursued .


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


### regulation no 764 / 2008 has several shortcomings , and should therefore be revised and strengthened . for the sake of clarity , regulation no 764 / 2008 should be replaced by this regulation . this regulation should establish clear procedures to ensure the free movement to goods lawfully marketed in another member state and to ensure that free movement can be restricted only where member states have legitimate public interest grounds for doing so and the restriction is proportionate . it ensures that existing rights and obligations deriving from the mutual recognition principle are observed , by both economic operators and national authorities . ### regulation no 764 / 2008 has several shortcomings , and should therefore be revised and strengthened . for the sake of clarity , regulation no 764 / 2008 should be replaced by this regulation . this regulation should establish clear procedures to ensure the free movement to goods lawfully marketed in another member state and to ensure that free movement can be restricted only where member states have duly justified legitimate public interest grounds for doing so and the restriction is proportionate . it ensures that existing rights and obligations deriving from the mutual recognition principle are observed , by both economic operators and national authorities .


### the evidence required to demonstrate that goods are lawfully marketed in another member state varies significantly from member state to member state . this causes unnecessary burdens delays and additional costs for economic operators , while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner . this may inhibit application of the mutual recognition principle . it is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another member state . economic operators should be able to benefit from a process of self - declaration , which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other member state . the use of the declaration does not prevent national authorities from taking a decision restricting market access , on the condition that such a decision is proportionate and respects the mutual recognition principle and this regulation . ### the evidence required to demonstrate that goods are lawfully marketed in another member state varies significantly from member state to member state . this causes unnecessary burdens delays and additional costs for economic operators , while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner . this may inhibit application of the mutual recognition principle . it is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another member state . economic operators should be able to benefit from a process of self - declaration , which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other member state . the use of the voluntary declaration does not prevent national authorities from taking a decision restricting market access , on the condition that such a decision is proportionate , duly justified and respects the mutual recognition principle and this regulation .


### in order to enhance the efficiency and competitiveness of businesses operating in the non - harmonised area , it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration . therefore , economic operators should be able to make their declaration available online . ### in order to enhance the efficiency and competitiveness of businesses operating in the non - harmonised area , it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration . therefore , economic operators should be able and encouraged to make their declaration available online .


### where producers decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality . ### where producers decide not to make use of the mutual recognition declaration mechanism , the competent authorities of the member state may request specific and clearly defined information that it considers indispensable for the assessment of the goods , in full respect of the principle of proportionality .


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


### the solvit system has proved to be an effective non - judicial , problem - solving mechanism that is provided free of charge . it works under short deadlines and provides practical solutions to citizens and businesses when they are experiencing difficulties with their union rights being recognised by public authorities . therefore , economic operators should have to rely on solvit first before the problem - solving mechanism under this regulation can be triggered . where the economic operator , the relevant solvit centre and the involved member states in question all agree on the appropriate outcome , no further action should be required . ### the solvit system has the potential to be an effective non - judicial , problem - solving mechanism , provided free of charge . it works under short deadlines and provides practical solutions to citizens and businesses when they are experiencing difficulties with their union rights being recognised by public authorities . the effectiveness of the problem - solving procedure , introduced by this regulation is based on the solvit system and depends great deal on its efficient performance . to ensure the enhanced performance of the solvit system , member states and the commission should urgently take all the necessary measures to equip the national solvit centres with adequate resources and to bring increased awareness , especially amongst businesses regarding the existence and benefits of solvit .


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


### the mutual recognition declaration may be supplied to the competent authority of the member state of destination for the purposes of an assessment to be carried out under article 5 . it may be supplied either in paper form or by electronic means . ### the mutual recognition declaration may be supplied to the competent authority of the member state of destination for the purposes of an assessment to be carried out under article 5 . it may be supplied either in paper form or by electronic means . or be made available online .


### economic operators may make the declaration available on a website , provided that the following conditions are satisfied : ### where economic operators make the declaration available online , the following conditions shall be satisfied :


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


### the administrative decision referred to in paragraph 3 shall specify the remedies available under the law in force in the member state concerned and the time limits applicable to those remedies , and it shall also include a reference to the procedure under article 8 . ### the administrative decision referred to in paragraph 3 shall clearly specify the remedies available under the law in force in the member state concerned , how economic operators may avail themselves from these remedies , and the time limits applicable to those remedies , and it shall also include reference to the procedure under article 8 .


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


### in the past , electricity customers were purely passive , often buying electricity at regulated prices which had no direct relation to the market . in the future , customers need to be enabled to fully participate in the market on equal footing with other market participants . to integrate growing shares of renewable energy , the future electricity system should make use of all available sources of flexibility , particularly demand response and storage . to achieve effective decarbonisation at lowest cost , it also needs to encourage energy efficiency . ### in the past , electricity customers were purely passive , often buying electricity at regulated prices which had no direct relation to the market . in the future , customers need to be enabled to fully participate in the market on equal footing with other market participants and be empowered to manage their energy consumption . to integrate growing shares of renewable energy , the future electricity system should make use of all available sources of flexibility , particularly demand response and storage and of digitalisation through the integration of innovative technologies with the electricity system . to achieve effective decarbonisation at lowest cost , it also needs to encourage energy efficiency .


### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , decarbonisation and innovation ; _________________ 30 com / 2014 / 015 final . ### setting the basis for an efficient achievement of the objectives of the european energy union , among them a minimum interconnection level of 10% and an indicative target of 15% for 2030 , and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , decarbonisation and innovation ; _________________ 30 com / 2014 / 015 final .


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , enable global competitiveness of the eu economy , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ;


### customers shall be enabled to benefit from market opportunities and increased competition on retail markets ; ### customers shall be enabled to benefit from market opportunities and increased competition on retail markets and be empowered to act as participant in the energy market and the energy transition ;


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


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , &#160 ; shall be fair , cost - reflective , transparent , take into account the need for network security and flexibility , &#160 ; recover allowed total cost of providing the regulated services , and are applied in a non - discriminatory manner . in particular , they shall neutrally support overall system efficiency in the long run through price signals to consumers and producers and they shall as far as possible be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


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


### the european resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity for a ten - year period from the date of that assessment , in a yearly resolution . ### the european resource adequacy assessment&#160 ; as well as regional adequacy assessment&#160 ; shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity for a ten - year period from the date of that assessment , in a yearly resolution .


### regional operational centres shall develop working arrangements to address planning and operational aspects related to the functions to be performed , taking into account , in particular , the specificities and requirements of those functions as specified in annex i . ### regional operational centres shall develop working arrangements that are efficient , inclusive , and facilitate consensus , to address planning and operational aspects related to the functions to be performed , taking into account , in particular , the specificities and requirements of those functions as specified in annex i .


### regional operational centres shall ensure that the working arrangements contain rules for the notification of parties concerned . ### regional coordination centres shall ensure that the working arrangements contain rules for the notification of parties concerned .


### transmission system operators shall publish relevant data on aggregated forecast and actual demand , on availability and actual use of generation and load assets , on availability and use of the networks and interconnections , and on balancing power and reserve capacity . for availability and actual use of small generation and load units , aggregated estimate data may be used . ### transmission system operators shall publish relevant data on aggregated forecast and actual demand , on availability and actual use of generation and load assets , on availability and use of the networks and interconnections , on balancing power and reserve capacity and on the availability of flexibility . for availability and actual use of small generation and load units , aggregated estimate data may be used .


### digitalisation of distribution networks including deployment of smart grids and intelligent metering systems ; ### digitalisation of distribution networks including deployment of smart grids and smart metering systems ;


### cooperate with entso for electricity on the monitoring of implementation of the network codes and guidelines which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission and distribution networks and which are adopted pursuant to this regulation ; ### cooperate effectively with entso for electricity , the agency and national regulators to facilitate the monitoring by the agency and where relevant the national regulatory authorities of implementation of the network codes and guidelines which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission and distribution networks and which are adopted pursuant to this regulation ;


### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . ### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee and assess the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct search and rescue operations , return operations and return interventions .


### in a spirit of shared responsibility , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment . ### undertaking a shared responsibility with the member states , the role of the european border and coast guard agency should be to regularly monitor the management of the eu external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through the presence of experts from its own staff on the ground , in full cooperation with member states and respecting the rights of non - schengen countries . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment .


### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff . ### the european border and coast guard agency should organise and offer appropriate additional technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external border , including through search and rescue operations at sea , without prejudice to the responsible national authorities ' competence to initiate criminal investigations . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff .


### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council1 . in particular , it should coordinate and organise return operations from one or more member states and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ 1 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council 1 . in particular , following the request of one or more member states it should coordinate and organise return operations and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ 1 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory . ### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . while developing training tools and providing trainings , special attention should be given to training on children’s rights . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory .


### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states and to the commission . ### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states , the commission and all other agencies involved , including the european fisheries control agency .


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights office , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights office should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states .


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no&#160 ; 562 / 2006 of the european parliament and of the council1 apply ; ______________ 1 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders . ### ' external borders ' means the land and sea borders of the member states and their airports and maritime ports , to which the provisions of title ii of regulation no 2016 / 399 of the european parliament and of the council&#160 ; 1 apply , including those member states to which provisions of the schengen acquis on lifting internal borders are yet to apply ; _______________ 1 regulation no 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders .